Ex is Denying Me Phone Rights

[IsaaCandZeek]

My question involves a child custody case from the State of: California & Arizona.

Well this is a long story, but I desperately need help. Back in 2002 my girlfriend(at the time) and I had a son. We split up after he was around 18 months. I was 21 at the time and started paying her 150 every two weeks on my own goodwill. I was not ordered to pay child support at this time. I continued to do so until my child was 5 yrs old. At which point I took her to court to get custody of my son because she had not enrolled him in school stating that he wasn't ready yet. He was ready and everyone knew it. But this isn't not the point, just giving some background. Anyways, her boyfriends father is a long time family law lawyer in the town in which we lived. I told my attorney this and he said it made no difference to the case. I told him I believed the system would be bias towards me because of this. He assured me it wouldn't. Well needless to say I lost physical custody , and our child visitation was set to "Mutually agreed upon times" because I was a traveling welder at the time and could not be home on a set schedual. I now relize it was a mistake accepting these terms but I was young and dumb. It did state in our court papers that neither parent would be denyed phone privliges.

Now I was ordered to pay child support of 500 a month. The Child support Office was not involved just a court order that I pay. I did continue to do so for the next 4 years. During this time I married and had two more children. I quit my traveling job so I could be at home with my other children ( whos lives I had also been missing out on due to my job) while my wife attended college. We soon found out that we could no longer afford to live in California. It has been about a year since I have giving her child support. We moved to Arizona (my parents owned a house we could live in for free ). Since june we have been here. She has taken the cell phone I gave to him. I asked her if there was anyway to videochat with him so his brother and sister could see and talk to him. After waiting for a response for 5 days I messaged her again and told her I have a right to talk to him. She finally responed with " I'm still deceiding if im going to let you talk to him".

Point being she now is married to the Famliy Law lawyer's son. Is this not a good enough reason to get a Change Of Venue? And if so Can I do it here in Arizona? Im only 6 hours away from the town they live in. Someone please help me. I just want to talk to my son and let his siblings talk to him as well.

Oh and the kicker: Her husband's father is and has been my wifes attorney since 2004 for her daughter she had with her ex-boyfriend. She has been going to court quite frequently since 2004. This last year She has been losing her cases and I believe it is due to my ex influencing my wifes attorney. My wife wont switch lawyers because her lawyer(my ex's new husbands father) is the best in town and has been a family law lawyer for over 20 yrs.

[jk]

Point being she now is married to the Famliy Law lawyer's son. Is this not a good enough reason to get a Change Of Venue?

no.

And if so Can I do it here in Arizona?

that would be a change of jurisdiction. A very different situation. If the original order is from California and the child still lives in California, you will not get jurisdiction changed to Arizona unless the mother allowed it.

I just want to talk to my son and let his siblings talk to him as well.

then you will have to file the appropriate action in the appropriate court to seek to have the order enforced and possibly to have the mother held in contempt.

[Dogmatique]

My question involves a child custody case from the State of: California & Arizona.

Well this is a long story, but I desperately need help. Back in 2002 my girlfriend(at the time) and I had a son. We split up after he was around 18 months. I was 21 at the time and started paying her 150 every two weeks on my own goodwill. I was not ordered to pay child support at this time. I continued to do so until my child was 5 yrs old. At which point I took her to court to get custody of my son because she had not enrolled him in school stating that he wasn't ready yet. He was ready and everyone knew it. But this isn't not the point, just giving some background. Anyways, her boyfriends father is a long time family law lawyer in the town in which we lived. I told my attorney this and he said it made no difference to the case. I told him I believed the system would be bias towards me because of this. He assured me it wouldn't. Well needless to say I lost physical custody , and our child visitation was set to "Mutually agreed upon times" because I was a traveling welder at the time and could not be home on a set schedual. I now relize it was a mistake accepting these terms but I was young and dumb. It did state in our court papers that neither parent would be denyed phone privliges.

Now I was ordered to pay child support of 500 a month. The Child support Office was not involved just a court order that I pay. I did continue to do so for the next 4 years. During this time I married and had two more children. I quit my traveling job so I could be at home with my other children ( whos lives I had also been missing out on due to my job) while my wife attended college. We soon found out that we could no longer afford to live in California. It has been about a year since I have giving her child support. We moved to Arizona (my parents owned a house we could live in for free ). Since june we have been here. She has taken the cell phone I gave to him. I asked her if there was anyway to videochat with him so his brother and sister could see and talk to him. After waiting for a response for 5 days I messaged her again and told her I have a right to talk to him. She finally responed with " I'm still deceiding if im going to let you talk to him".

Point being she now is married to the Famliy Law lawyer's son. Is this not a good enough reason to get a Change Of Venue? And if so Can I do it here in Arizona? Im only 6 hours away from the town they live in. Someone please help me. I just want to talk to my son and let his siblings talk to him as well.

Oh and the kicker: Her husband's father is and has been my wifes attorney since 2004 for her daughter she had with her ex-boyfriend. She has been going to court quite frequently since 2004. This last year She has been losing her cases and I believe it is due to my ex influencing my wifes attorney. My wife wont switch lawyers because her lawyer(my ex's new husbands father) is the best in town and has been a family law lawyer for over 20 yrs.

In addition, your order seems to be vague enough as to be virtually unenforceable. All Mom has to say is that you won't agree to a phone schedule.

(In other words, he says/she says)

You can modify the order though to have telephone visitation actually spelled out, for example "Mom will have Junior available between the hours of 6-8pm, on This Night, That Night and the Other Night". You also need to get the "as agreed" part clarified, since as it stands it's going to be difficult for the court to hold Mom in contempt.

[llworking]

My question involves a child custody case from the State of: California & Arizona.

Well this is a long story, but I desperately need help. Back in 2002 my girlfriend(at the time) and I had a son. We split up after he was around 18 months. I was 21 at the time and started paying her 150 every two weeks on my own goodwill. I was not ordered to pay child support at this time. I continued to do so until my child was 5 yrs old. At which point I took her to court to get custody of my son because she had not enrolled him in school stating that he wasn't ready yet. He was ready and everyone knew it. But this isn't not the point, just giving some background. Anyways, her boyfriends father is a long time family law lawyer in the town in which we lived. I told my attorney this and he said it made no difference to the case. I told him I believed the system would be bias towards me because of this. He assured me it wouldn't. Well needless to say I lost physical custody , and our child visitation was set to "Mutually agreed upon times" because I was a traveling welder at the time and could not be home on a set schedual. I now relize it was a mistake accepting these terms but I was young and dumb. It did state in our court papers that neither parent would be denyed phone privliges.

You did NOT lose custody because of her attorney. You did not win custody because there was no valid change in circumstances and because you had to travel for your job and could not be there for your child.

Now I was ordered to pay child support of 500 a month. The Child support Office was not involved just a court order that I pay. I did continue to do so for the next 4 years. During this time I married and had two more children. I quit my traveling job so I could be at home with my other children ( whos lives I had also been missing out on due to my job) while my wife attended college. We soon found out that we could no longer afford to live in California. It has been about a year since I have giving her child support. We moved to Arizona (my parents owned a house we could live in for free ). Since june we have been here. She has taken the cell phone I gave to him. I asked her if there was anyway to videochat with him so his brother and sister could see and talk to him. After waiting for a response for 5 days I messaged her again and told her I have a right to talk to him. She finally responed with " I'm still deceiding if im going to let you talk to him".

Point being she now is married to the Famliy Law lawyer's son. Is this not a good enough reason to get a Change Of Venue? And if so Can I do it here in Arizona? Im only 6 hours away from the town they live in. Someone please help me. I just want to talk to my son and let his siblings talk to him as well.

Oh and the kicker: Her husband's father is and has been my wifes attorney since 2004 for her daughter she had with her ex-boyfriend. She has been going to court quite frequently since 2004. This last year She has been losing her cases and I believe it is due to my ex influencing my wifes attorney. My wife wont switch lawyers because her lawyer(my ex's new husbands father) is the best in town and has been a family law lawyer for over 20 yrs.

What everybody else said...plus, please keep in mind that since you are not paying your child support mom is going to countersue for contempt for that as well.

[Dogmatique]

I missed that part!

Yeah. Not paying your CS isn't good.