Legal Question in Family Law in Indiana
Phone Calls
My 2 girls are told thay can not call me during their visitation with there father he gets them 6 weeks in the summer and one week at christmas, every other spring break as we live 700 miles apart. For the last 5 years i have called 3x a week during summer break and 2x during the shorter breaks. I received an email stating due to there busy schedule it will be hard to get a hold of them. I offered a cell phone. They said no. I was wondering what is considered a reasonable amount of phone calls. He told me on can call 2x a week for 10 to 15 min. If i continue to call 3x a week will that be considered harrassing them. They told me i didn't need to call so much and interrupt their family time. Shouldn't the kids be able to call me at their own will? The kids has always known their dad is a phone call away and alls they have to do is pick up the phone and call, And he has always called them 2 to 4 times a week. thank you
1 Answer from Attorneys
Re: Phone Calls
See sec.1 paragraph 3 of the Indiana Parenting Guidelines.
With A Child By Telephone. Both parents shall have reasonable phone access to their child at all times. Telephone communication with the child by either parent to the residence where the child is located shall be conducted at reasonable hours, shall be of reasonable duration, and at reasonable intervals, without interference from the other parent.
If a parent uses an answering machine, voice mail or a pager, messages left for a child shall be promptly communicated to the child and the call returned.
Commentary
Parents should agree on a specified time for telephone calls so that a child will be available to receive the call. The parent initiating the call should bear the expense of the call. A child may, of course, call either parent, though at reasonable hours, frequencies, and at the cost of the parent called if it is a long distance call.
Examples of unacceptable interference with communication include a parent refusing to answer a phone or refusing to allow the child or others to answer; a parent recording phone conversations between the other parent and the child; turning off the phone or using a call blocking mechanism or otherwise denying the other parent telephone contact with the child.
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