Can my kids father stop me from calling my kids?

Asked 3 months ago - Atlanta, GA

My kids father has had our kids for over a week now since he lied his way to get them through the courts and was awarded custody because of his lies. He has never given any type of support for our kids and he has a lot of money but lied to the judge about the amount he makes so that I would be ordered to pay child support and was granted that. Since he has had our kids he won't let me talk to them at all and I do call and text him everyday for me to talk to my babies and he has lied to his lawyer saying that I was harassing him because I want to talk to my kids everyday and that he is not obligated to allow me phone time. I got a letter from his attorney saying that I need to stop calling his client or he will have me arrested. He's trying to brainwash my kids!!!!!

Additional information

On top of that when he came to get our kids they were scared because he has kidnapped them before so he lied and told them that he would get them a phone so that t hey would be able to call me whenever they wanted but when I asked him did they get the phone he said they are too young and he got them a TABLET to play games on and he did let me talk to them once but they were reading off of a script I know because I asked them what they were doing and they said reading me a list that their dad wrote for them to talk to me about because he didn't have time for them to free lance with their mother!!!!!

Attorney answers (2)

  1. Glen Edward Ashman

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . It sounds like you did the one thing guaranteed to cost you custody - going into a custody case with no lawyer when the other side had a lawyer. That is almost always going to go badly. You have a very narrow window here on a long shot. For 30 days after a judgment you can appeal or move for a new trial. Monday (not soon), but Monday, you will get a lawyer if this matters to you. When you meet with the lawyer, don't tell the lawyer what you posted ("He lied" and "brainwashed" will not help you. Specific documented detailed facts will, so calmly this weekend make a few pages of notes that are very different than your post, and get together detailed financials about you and the father, and bring all that to the lawyer). It will be expensive (gather up your money and charge cards, and get help lined up from your family), as appeals and new trials are far more costly than original cases, but you have no other options. In the meantime, STOP doing anything that violates the wording of the court order; you can be found in contempt. Good luck.

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  2. Rachel Aliza Elovitz

    Contributor Level 15

    Answered . You have not indicated whether the Court's Order allows you to contact the children, and if so, with what frequency and through what medium. If there was some past conduct that resulted in the Court
    denying you access to your children, then acting in contravention to those provisions puts you at risk of being found in contempt or having criminal charges brought against you for harassing phone calls or harassing emails (if you are engaged in the behaviors of which you've been accused).

    Bring a copy of the Court's Order to a family law attorney. Get some clarity on your rights and obligations under the Order. Ask about the timeliness of - and any legal basis for - a Motion for Reconsideration and/or Appeal. And, if the father is violating the Court's Order by thwarting your contact with the children, ask the attorney about the viability of a post-judgment contempt. In the interim, if you are struggling emotionally or psychologically by being denied access to your children (which is understandable), go speak to someone (a therapist) who can help you with the tools you need to transition through this difficult time.

    Best to you.

    This answer is offered for informational purposes only. It is not offered as nor does it constitute legal advice.... more

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