Can a parent with joint custody deny the other parent visitation or a phone call with the child??

Question

Also does that parent have to tell the other parent where the child is? My husband and I were very worried about his 8 year old daughter when we hadn't heard from her in several days and her mother was not answering or returning our calls. Short story, (husband is in Iraq btw) we called the sherriff and he called her phone and she answered saying that is was a "load". Then when my husband tried to talk to his daughter her mother intercepted(4 times) saying that she wasn't there or she was indisposed etc and finally saying that she didnt have to tell him anything about where she was or let her talk to him and hung up the phone. Sherriffs department will not do anything and I'm stuck wondering what to do next. my step daughter is not in any apparent danger but this is deplorable that she is unable to speak with her father or her father's family. btw I read the joint custody papers and they are vauge at best - nothing hard set about phone or visitation times. help?! Harrodsburg, KY

Answer 1

You, with your husband's permission, or your husband will to contact his attorney. Just because your husband is in IRAQ shouldn't be a hinderance. If your husband doesn't have an attorney, then he should get one. It is deplorable when your husband is serving in IRAQ, and realistically could be killed at any time, that the mother of his child would prevent him from talking with his daughter!

An attorney can negotiate and interpret the fuzzy custody papers. Custody issues such as yours may be clearly set forth by the courts or custody changes in the laws affecting custody since your husband's papers were drawn up.

Good Luck.

Answer 2

Visitation can't be denied in joint custody. It can't even be denied in sole custody if there is a visitation order. (Visitation orders do not have to be super specific) The custodial parent has the right to limit phone calls to when they are convenient and not interrupting family time. Denying a child time with their parent is detrimental to all parties.

Sounds like the adults all need to get things straight and think about what is best for this child.

A lawyer may be needed to iron this out. The last thing the girl needs is a Sherrif deputy coming to the door telling her mommy to let her daddy talk to her on the phone.

Answer 3

Get a lawyer. My friend went through this same thing. Her ex-husband took her daughter and would not tell her where he had her or let them have contact. The police wouldn't do anything because it was considered a custody issue and had to be hashed out in front of a judge. I am assuming the ex-wife thinks she can get away with this because your husband is deployed. You may have to wait until he returns but I would contact a lawyer ASAP and find out!

Answer 4

I would contact his lawyer from the divorce and ask the lawyer what can be done about it. I wonder what the woman is telling her daughter about her father's whereabouts, and why he isn't calling her. Either way, in the long run, it will be the mother that pays dearly in the game by losing the relationship with her daughter. When her daughter finds out that her mother got between her and her father, she will resent her mother in the end.

See a lawyer and find out what can be done for your husband.

Answer 5

Consider consulting an attorney. Your husband can always request another hearing on the divorce and ask for these rights if they are not spelled out in writing. And shame on the girl's mother. What a cruel person and horrible thing to do to a child!

Answer 6

Talk to a lawyer, yes your husband has all rights to his daughter, basically you could probably go back to court and file an injunction to hav custody turned over to the father, the sheriff department cant do anything.

Answer 7

What you may have him do is contact her while she's in school. She should be starting back soon. Then he can find out what exactly is going on. I think it's great that you care about your husband's daughter and his relationship, so many stepmoms are lousy that way. Good for you! With his military benefits, you should tell him to contact an attorney through the military to help negotiate better visitation guidelines for your family and hers. ((((hugs))))

Answer 8

no the parent would have to get sole custody but i wouldn't suggestb doing that unless the other parent is a drug addict beats the child or is a drug user or if its the childs decicion because that almost happened to me and i hated my mother for it.