Am I considered to be denying my husband access to our children if I am not home to answer the phone at 8:15 pm every single night when he calls to speak to them?

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Am I considered to be denying my husband access to our children if I am not home to answer the phone at 8:15 pm every single night when he calls to speak to them?

Asked on November 15, 2012 under Family Law, Ohio

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Denying access means cutting off the other parent completely and not trying to be reasonable.  "Reasonable" does not necessarily mean whenever your husband feels like having access.  Absent a court order, you don't have to rush home and make yourself available at his whim.  If you do have a court order, then you need to follow the orders--- but very few orders have provisions like the one you describe.  If you continue to cater to his whims, though, he could make the argument that this access is necessary to continue a pattern that you have already proven doable--- so instead, set up a schedule where he talks with them or or two nights when he is not excercising visitations with them.  If he doesn't like your plan, then move forward with a custody suit so that you can get formal orders.  Formal orders are often easier to work with than the unreasonable demands of an ex-spouse.


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