My ex-wife’s new husband has cut off my access to my children and stated if I want to speak to them then all calls and communication must go through him.
There is nothing in our custody agreement regarding phone access, however I do not live in the same state as my ex and children. Is there anything I can do to regain contact with my children?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Pennsylvania child custody laws where I am licensed to practice.
In general, custody may be modified at any time. Based on the information you provided, it does not appear that your custody order has as much detail as may be necessary for your given situation.
A Petition to Modify Custody may be filed when a custody order is in place and you are simply asking the court to modify the terms of the previous order, including delineating when telephone contact will take place and how often.
A custody determination and/or subsequent modification are made based on the best interests of the child.
There are many factors that the court takes into consideration. However, the court does want the child to have ongoing and consistent contact with each parent.
The courts will typically state that the custodial parent must allow reasonable telephone access to the non-custodial parent. What constitutes “reasonable” varies from case-to-case, but generally, at a minimum, the non-custodial parent should be speaking with the child at least a few times per week.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.