Phone calls from 8 year old child to father whom she's never met

This pertains to the state of California.  Can an order be put in place to stop the mother of an 8 year old child from dailing the number of the child's biological father, then having the child leave messages? The father has chosen not to have custody or visitation of the child and has never met the child. He has paid child support since the day the child was born, through child support services. He is current and always pays on time.  Are these phone calls considered harrassment and inappropriate due to the age of the child?


Asked over 8 years ago in California
Categories: Family

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Christina McPherson

Answer by Christina McPherson

VerifiedCalifornia lawyer


The answer to this would depend on the frequency of the calls and the reason for them.  Your solution is in fact to file a motion with the court to prevent the mother from doing this.  I hope this helps.

Posted over 8 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Christina McPherson, or search the Lawyer Directory.


Comment

<br />This pertains to the state of California.&nbsp; Can an order be put in place to stop the mother of an 8 year old child from dailing the number of the child's biological father, then having the child leave messages? The father has chosen not to have custody or visitation of the child and has never met the child. He has paid child support since the day the child was born, through child support services. He is current and always pays on time.&nbsp; Are these phone calls considered harrassment and inappropriate due to the age of the child? <br />The phone calls from the little girl say things like "this is your little daughter "name".&nbsp; Why don't you want to meet me? I love you and&nbsp;I wish you wanted to meet me.&nbsp; Call me back daddy." <br />Again, are these phone calls considered harrassment and inappropriate due to the age of the child?&nbsp; Does he have to allow these phone calls to happen, if they are not in regards to a medical emergency of the child?

Posted over 8 years ago


Christina McPherson

Answer by Christina McPherson

VerifiedCalifornia lawyer


I would pursue this in family court rather than as harassment in civil court.  Just getting the mother in the courtroom may convince her that her actions are inappropriate and not in the best interests of the child, which is what the court will be considering.  Let me know if I can help more.
Christina McPherson
925.307.6543
www.McPhersonLawGroup.com

Posted over 8 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Christina McPherson, or search the Lawyer Directory.


Comment

<br />Yes, family court was going to be the option.&nbsp; In your opinion could you see a judge granting this request and ordering the phone calls to end?

Posted over 8 years ago


Christina McPherson

Answer by Christina McPherson

VerifiedCalifornia lawyer


It's impossible to predict what a court or judge will do in a case like this.  I would think that the court would consider the best interests of the child, which I don't think would include consistent contact/outreach to an unresponsive father, especially since the contact is made at the mother's demand.  But nothing is certain in family court.  I do think, however, that just getting into court and having the discussion with the court/judge and mother will be beneficial to show her (mother) how damaging it is to a child to have this kind of contact.

Posted over 8 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Christina McPherson, or search the Lawyer Directory.


Comment

<br />In your opinion would the representation of a lawyer for the father be more influential to a judge?

Posted over 8 years ago


Christina McPherson

Answer by Christina McPherson

VerifiedCalifornia lawyer


Well, I don't know if it's more influential to the judge, but a trained, experienced attorney is going to know how to best frame your case/arguments to have the maximum impact.  In my experience, too, a family law case is often not only emotional for the party, but going to court in front of a judge can be nerve-wracking if you've not done it a lot.  For both of these reasons, it can be very beneficial - indeed, the difference between success and not - to have a lawyer represent you.  At the same time, though, I will say that many parties can do a fine job on their own.  It just depends on the person and the situation.  Hope this helps!

Posted over 8 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Christina McPherson, or search the Lawyer Directory.

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