Sunday, January 17, 2010

Does a non-custodial parent have the right to call his son/daughter?

My boyfriend called the Department of Children and Family Services due to a handprint bruise on his sons leg. He claimed that his mom's boyfriend hit him. There is currently an ongoing investigation and every time my boyfriend calls to talk to his son, they will not allow him to talk to him.Does a non-custodial parent have the right to call his son/daughter?
obviously because they don't want your boyfriend to put things in the boys head, like tell me who hit you and stuff, he has every right to talk to his son.Does a non-custodial parent have the right to call his son/daughter?
He needs to look at his court order, generally, the CP can't stop the NCP from talking to their child, but having it written into the custody order helps when it comes to going after the CP for contempt. When is his next scheduled visitation? Notify DCFS that they are denying him phone access to his child, possibly due to the investigation, they might be able to do something about it, and it will also give him ammo in court if he goes after custody because of all this.
Have your boyfriend make an appointment with his lawyer and take the custody arrangement papers with him.





ask the lawyer how to approach concerns such as bruising.


ask the lawyer what his rights are with communicating with his son.





if your boyfriend keeps trying to make contact he MAY be making things harder for himself (and his son), so make double sure by asking the lawyer first.


Once the lawyer says he has the right, he'll be able to tell the custodial parents that by declining him communication with his son, they are breaching the arrangement.
Call Family Court in your county. He needs a lawyer also. It's always best to let things like this be dealt with by a lawyer who will not get involved personally and will guide your bf with what to do. If he gets a lawyer it will show her that he's serious about talking to his son and what's in the boy's best interest. It will go to court and be taken care of a LOT quicker (with a lawyer) than just calling family services and letting them handle it. Lawyers work for their money.. big time!


Don't get me wrong, I don't like lawyers lol but I've had to get one a couple times in my life concerning my children and I keep saying they are so worth it! Especially when it comes to your kids and their safety.
I think the boy's mother is ticked off at your boyfriend for calling cps, and is using their son to get back at him, your boyfriend has the right to talk to his child, he should consult his attorney, and I hope if it's true that his mother's boyfriend is leaving bruises on the boy, that your boyfriend tries to take over custody all together, good luck!
As long as there is not a no-contact order between father and son, the father should have access to his child. Even a non-custodial parent can have visitation rights. He needs a lawyer if the visitation order that is in place is being violated and he is being denied access.
Unless the court says no, he has every right to talk to his son. Hopefully, DFACS will work it out for the sake of the boy, it sounds like he is in a horrible position having to deal with mom's boyfriend.
If there is no court order... his custodial parent does not have to let him talk on the phone with his son.


He could file for rights in court.
Well, he should go to court for that situation

No comments:

Post a Comment