Legal Question in Family Law in California

Went through a divorce in 2013. My ex-wife if not following the rules of visitation. She wont answer the phone , e-mails or texts for weeks at a time. My 8 year old son has told me when I call she will grab the phone from him so that he cant answer and tell him he cant talk to me. He has also told me that she talks to him about our arguments, personal issues. Last weekend he tells me that she told him that she did not care if went missing or was dead. I rarely get to see him for holidays or birthdays. During the last summer I only got to see him for two weekends. Ive tried discussing this with her to work out a solution but we always end up arguing and hanging up on each other. I am supposed to get him every other weekend every other holiday two weeks out of the summer as well as be able to speak to him or see him after school 2 days during the week. I am lucky if I can see him once a month. I cant afford to go back to court and get a lawyer, and she knows this. I am still paying bills from the divorce. I feel trapped unable to do anything and the one suffering the most is my son. What can I do?

Asked on 10/16/17, 3:49 pm

1 Answer from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

You really need to return to court. She’s in violation of the existing court orders and you can consider filing not only a motion to modify parenting to ask for custody of the child because of her violations but also court punishment in a contempt motion. Meet with an attorney with experience in family law to get additional guidance.

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Answered on 10/19/17, 7:21 am

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