Wednesday, November 6, 2013

My ex is threatening to tell the courts that she cannot reach our child when she is with me.

Q:  My ex has sent me several messages about not being able to reach our daughter during the days she is with me. My daughter spends every wednesday with my ex and every other weekend. I don't reply to any of the texts my ex sends me asking if our daughter is ok since she can't reach him and we don't answer our phone. Do I have to let my child talk to my ex over the phone when she is with me?The order does state that my ex can talk to my child over the phone but does it need to be every day? The longest I prevented my daughter from speaking to my ex was three days and I only let her because my ex was about to call the cops worried. Would the cops even do anything since my daughter is scheduled w/ me? Isn't this harassment? I am the custodial parent.

A:  David's Answer:  Generally the other parent is allowed daily phone contact. The police would not generally get involved in such a thing but would instead refer the parties to Family Court (thus, it's most likely not harassment on either party's part). That said, if the other parent sends a communication, you should reply back, even if it's via e-mail or letter instead of text. For a full assessment, schedule a consultation with a Westchester Family Law attorney.  -- David Bliven, Westchester Family Law attorney (

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