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If you are given supervised visitation with your children...

Clovis, CA |

...but nowhere in the court order does it state anything about not being allowed telephone communication, can you still call your children in between visits to talk to them? Their father is trying to say that it's a violation of the court order for me to call, but even CPS (which was just a referral, and was found inconclusive , and closed) said it was ok to call. What do you know about this?

Attorney Answers 3

Posted

This is difficult to answer. Genrally, supervised means supervised in all aspects. However, if the order is silent, it does not appear you are violating any orders.
Bottom line, to ensure your receive telephone calls, you shoulf file an RFO and ask for specific orders, i.e. one call per day, at a specific time, to be placed by the custodial parent, for a duration of specific time, and perhaps request that phone logs be filed with the court to prove everyone is in compliance.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship. **************CAUTION*************** CAUTION*************** CAUTION ****************** CAUTION************ Readers should be cautioned that AVVO cannot be relied on as they have a corrupt and dishonest rating system. AVVO routinely allows "client reviews" to be posted by individuals that are not "real" clients. AVVO does not ensure that the public receives truthful accurate information.

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Posted

I agree with the previous response but would like more information. Why are the visits supervised? Here in Fresno there is usually a section allowing for communication via telephone with a child. Many attorneys, such as myself, offer free consultations. You should take advantage of that and allow an attorney to gather more facts and review your paperwork.

After reviewing the facts an RFO (Request for Order) may be appropriate. Good luck.

Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific and court specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship

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Posted

As indicated above here in Fresno the orders will include a section for telephonic communication. Also it may include a section where the non custodial parent has a right to be kept informed as to the child's welfare.

However, if that is not in the current orders it would appear that the accusations are severe. I highly recommend that you hire an attorney to help you work through this difficult situation. A path toward more contact may be set forth for you with the assistance of an attorney.

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