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My fiancee's ex husband recently lost his cell phone. He has 50% custody of their daughter. Now, he says that he won't have a phone until next week. Well, he lives 45 minutes away from us in a rural area. He has cerebral palsy, so if his daughter hurt herself, it's not like he can run out to a neighbor. What is the law? Does he need to have a phone? Can my girlfriend refuse to let him have his daughter until he gets a phone. We live in California. Oh, by the way, this morning, my gf got a call from the school saying that her daughter was absent. She can't get a hold of her ex, and if he doesn't call within the next hour, we are both going to drive down to his place. Please ADVICE ANYONE!

2007-11-01 08:46:45 · 4 answers · asked by Anonymous in Politics & Government Law & Ethics

4 answers

Absent a court order he is not required to have a phone. Even with a court order, the court will not find against someone that is taking reasonable steps to correct an issue.

Again, absent a court order requiring him to have a phone as a condition for visitation, your girlfriend would be in contempt of court for refusing the visitation.

If the child is absent from school without an excuse, you would be better off if you had the police check instead of going yourself.

2007-11-01 08:53:18 · answer #1 · answered by davidmi711 7 · 3 0

Why don't you just drive there now ??

There is no law that states one must have a phone. It's stupid of him not to have a land line in case of emergencies ... but unfortunately being stupid isn't against the law.

Edit- I agree with the other answer ... call the cops about her not being at school.

2007-11-01 15:56:09 · answer #2 · answered by ? 4 · 0 0

You can get a TracFone for $20 at a 7/11. Why doesn't the child have her own.

2007-11-01 16:03:00 · answer #3 · answered by Anonymous · 1 0

i don't know of any law that requires you to have a phone,.....

2007-11-01 15:53:40 · answer #4 · answered by Anonymous · 0 0

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