Are phone calls a part of visitation or are they a separate issue?

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Are phone calls a part of visitation or are they a separate issue?

Basically, the father started the court proceedings and after the first hearing when he was not awarded custody, was awarded visitation and child support was determined, he left the state without notice and did not show up to the subsequent hearing. At the final hearing, the judge “rescinded” visitation (his words) but we are unsure about what all that entails. Since the father left the state, his only contact was via phone and Skype. We do not know his exact location as mail and court documents have been returned.

Asked on August 3, 2012 under Family Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I would ask the court for clarification.  Generally sepaking those matters are spelled out - phone calls etc., - in the agreement.  For example, when one parent has the child the other should be allowed contact via phone to say goodnight, etc.  Here is the thing: if you stop access he will show up and probably even go to court to try and enforce what he thinks is the agreement. It may be the tactic you need and you should discuss it with your attorney so that you are sure that you are not in violation of the court order.  Good luck.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I would ask the court for clarification.  Generally sepaking those matters are spelled out - phone calls etc., - in the agreement.  For example, when one parent has the child the other should be allowed contact via phone to say goodnight, etc.  Here is the thing: if you stop access he will show up and probably even go to court to try and enforce what he thinks is the agreement. It may be the tactic you need and you should discuss it with your attorney so that you are sure that you are not in violation of the court order.  Good luck.


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