We often hear of cases where one ex-spouse refuses to let the children speak to the other when they have the kids. Can they do this?
It depends on several factors. Is the current custody arrangement by verbal agreement, based on a court order, or part of a written parenting agreement? Are you talking about joint legal or joint physical custody?
Let’s assume you share joint physical and joint legal custody, and that there is a custody order in place. The answer depends on what the custody order says about communication with the minor child during the other parent’s custodial time. If the order does not say anything about communication, then your ex is not required to let the child talk to you just because you have joint custody.
You may be able to file a motion to modify the custody order to include a provision about communication, but that will depend on whether the custody order is temporary or permanent, how long ago it was entered, the age of the child, how long the child is with the other parent, and other factors in your case.