joint legal custody

Andrea - posted on 01/24/2016 ( 3 moms have responded )




Hello. I need some advice on a situation. My son's dad and I have joint legal custody. He has not contacted or seen his son for about a month now. The last time that I tried to contact him, his dad said that he was upset because his son hasn't try to contact him since he had surgery, which is not true. We have tried to contact him by calling his house, cell phone, voicemail, and texting, but no response. I hope that his dad is not trying to pull a fast one and taking me to court lying saying that I'm not allowing him to see his son. I know that he loves his son. I don't know what's going on or what to do? Any thoughts or suggestions? Any would be very nice and helpful. Thanks and blessings, Andrea.


Lisa - posted on 01/25/2016




Have you documented those contacts? Keep trying, keep the dialogue open and keep your attitude in a good place. Hopefully, he will start to return the calls. Here is an article that might be helpful:


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Sarah - posted on 01/25/2016




Since you said you have joint legal custody, I presume you have a written decree. Your responsibility is to follow the order, making it easy for your son. If dad were to try to get custody by saying you denied him access, he'd have to demonstrate that A. he tried to see his son and B. you prevented him from seeing him or made it difficult.
In this case you have made the child available and he has not taken the opportunity to see him. Keep all of your texts and voicemail and call history that show your effort to comply with your custody agreement.
Now, if you don't actually have a standing legal order, get one. You don't want any grey area when it comes to your parenting time.

Michelle - posted on 01/24/2016




What does your visitation order say?
If you have established custody then visitation should have been done as well.
If you don't have one then get to court ASAP so he can't accuse you of parental alienation. Hopefully you have proof of the times you have tried to contact him. The call log on your phone will come in handy.

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