If you don't have an order of visitation, file a petition which includes a specific provision for phone contact. If there's an outstanding order, but it does not provide for phone contact, file a modification petition requesting such provision. If you have an order providing for specific days/times of phone contact, file a violation petition. For a full assessment, schedule a consultation with a NYC Family Law attorney.
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Do you have a Custody order of a Family Court that provides for visitation or shared parenting? Does it address phone calls? Perhaps you should think about petitioning for one if you don't. Personally, my own take on this from my own clients is that you may want to forgo phone calls during your non-parenting time unless your kids really want it. It's too hard to have a conversation with the other parent hawking over the conversation and often interfering and shutting it off. It offers too big fertile field for gamesmanship and arguments with the bitter exes.
A NCP is usually entitled to reasonable physical visitation if its feasible. If it is not, because of distance, let's say, you should attempt longer compensatory visitation, during school holidays, for instance, rather than phone calls. The phone thing doesn't seem to work too well. And if it's because you're one of these parents that feels a need to talk to the kids every day or lots during the other parents custodial time, you may want to rethink this at best "helicopter parenting" and at worst an annoying interference with the other parent's custody time. It's not an argument which will endear you to the Attorney for the Child or Court if push comes to shove.
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This needs to be addressed in Family Court.
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