Phone access and communication with my child while the other parent is exercising custodial time or visitation – what is required? There are a wide variety of child custody topics that clients call us about. When two people are in the middle of a child custody action, it is typically their first time being in that situation and there are a lot of questions. Some of the questions we get involve access to the child when they are visiting the other parent.
In this blog, we will explore this topic. This is intended for informational purposes only and would be a poor substitute for the advice and counsel of a family law attorney.
**This blog is intended to address what rights a parent has during their non-custodial time, meaning, when the child is with the other parent for that parent’s custodial time or visitation time. **
Limits in child custody and visitation
Child custody orders typically spell out custody and visitation very thoroughly. This includes limits on how parents can and cannot interfere with each other’s custodial time.
Can I insist that I come too?
The answer to this question is typically no. Unless supervised visitation has been ordered by the court and you are the person that is supposed to supervise that visit, you cannot force your way into intruding on the time of the other parent.
If you are invited however, or the other parent allows it, this becomes a different situation. Also, parents are not typically barred from time that is outside of the normal private parenting time. For example, often both parents are present at special events such as birthday parties, dance recitals, and various school activities.
I want phone access to my child – can I call my child while she’s with the other parent?
The answer to this question is typically yes. Most child custody orders account for open communication between the child and both parents. This is also included when the child is with the other parent. Phone calls, text messaging, Facetime, or Skype are often encouraged between the child and the parent who does not have custodial time at that moment.
Although there are some limitations that can be imposed such as discouraging late night communication or too many calls per day, a good amount of phone access/communication will be allowed. It is important to note that these calls are supposed to be about parent and the child and not necessarily between the parents. Parents can opt not to speak to each other, as well as limiting the parent to parent communication to only those matters involving the child. We have had clients go as far as purchasing a special phone for the child so that the parents are not having to call each other. Instead, they each call the child directly.
If you need a child custody lawyer in Charlotte, North Carolina, contact us. At Gilles Law, we have handle a wide variety of family law matters in the Mecklenburg County and the surrounding areas.