Can my husband’s ex-wife use him not allowing her to contact their daughter at all hours of the day against my husband in court?

Question:

Can my husband’s ex-wife use him not allowing her to contact their daughter at all hours of the day against my husband in court?

My husband has temporary sole legal custody of his 3 year old daughter . The child’s mother always calls to speak to the child after 7 pm, which is a no phone time in the house. The child is getting ready for bed and the mother knows this and she also calls to speak with her while my husband is at work . I have been nice and I let her call my number so that she can talk to the child during my husbands work hours . She has repeatedly been rude to me and I told her to no longer call my number and if she wants to talk to the child to call my husband. I guess my question is can she use this against my husband in court for not allowing her access to the child at all hours ?

Answer:

Yes. Your husband needs to provide telephonic access to the child and mother at all hours that the child is not normally asleep. Creating a “no phone time” in the house will likely be seen as an attempt to interfere with the mom’s ability to communicate with the child.

Further, if mom takes him back to court, the judge will likely order that he provide a telephone line at all hours the child is awake. Due to the child’s age, you will still end up having to answer the phone when she calls, plus now pay for another phone line.

You not only will he likely lose the court battle, but he is at serious risk of sanctions for this type behavior.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

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