I have joint custody of my children but they relocated out of State with their Mother so I only have them holidays and summer. My ex has been very difficult and made all visits and contact a real struggle. When it comes down to it she has no backing or justification, so she can not stop my visitation. Her actions just cause a lot of undue stress & distress to everyone and most importantly the kids. I have tried to keep it out of Court so we do not lose our choice of how to deal with things but I think I need the Court's help. While they were here this summer I became aware that she was to move out of where they were living w/ her boyfriend. I contacted her and her lawyer to have this issue discussed with me in the first place and second get the address of where she was to move. I was not given any of this. I reluctently sent the kids home and have demanded the lawyer or her to give me the address. They won't respond. What can I turn into the court to make them tell me a.s.a.p. ?
2007-08-23 18:21:12 · 16 answers · asked by Bonnie&Clyde 1 in Family & Relationships ➔ Marriage & Divorce
Unfortunately, attorneys have their place in this world
This may well be one of them.
Before I contacted the State, I'd have my attorney contact her attorney, and threaten them with turning her illegal activity, (she has to notify you as to her whereabouts if you have joint custody, she's not just inconveniencing you, she's breaking the law, at least where I live), into both the State you live in, as well as the State she lives in.
Sometimes the threat of something is worse than the deed.
If you can get it done without either State being involved, all the better
Luck
2007-08-23 18:24:51 · answer #1 · answered by spam_free_he_he 7 · 0⤊ 0⤋
I'm sorry she's putting your kids through this and as nice as you have tried to keep it its burnt you , you have no choice for your kid's sake take her to court she doesnt legally have to give you an address if she is in Australia but I am guessing your in the USA so I am not sure how your system works , she has to give the court's her address and she has to make sure visitations do not stop.
No court will take the choice out of your hands if you go in with a visitation plan with your laywer so it'll all go in your favour anyway she's just burning bridges legally and she'll regret it when the judge gets her in his court room.
It'll all go well on your side and not her's by the look's of it.
2007-08-24 02:18:03 · answer #2 · answered by JadeyOz 5 · 0⤊ 0⤋
Get an attorney or go to your county's courthouse(where the divorce was granted) and see if they have a self help program for forms, etc. You need to file a Notice of Motion and Motion with the Court and an affidavit (sworn statement) as to the reasons for bringing this into court, i.e. withholding information, interfering with visitation, etc. If your Judgment of Divorce specifically states how matters are to be handled and she's not complying, she can be held in contempt and either fined or incarerated once the matter gets before the court. Hope this helps!
2007-08-24 01:28:35 · answer #3 · answered by wifilly 4 · 1⤊ 0⤋
Unfortunately there may not be much you do. As long as she lets you have your scheduled visitation she really doesn't have to give you her new address. That said the first time she doesn't respond to a visitation you can have her held in contempt of the court order. It is possible to take her to court and have her divulge her address siting the fact that you are unable to send your children gifts and such and chances are they will direct her to give you the address. Bottom line it is a very petty thing for her to do and it could be viewed by the courts as vindictiveness. Have you considered asking for primary custody? If this is something you'd like to explore this would be the perfect time to do so.
2007-08-24 01:40:56 · answer #4 · answered by ♥♥♥MiSSY♥♥♥ 4 · 0⤊ 1⤋
I am no lawyer but I would think with joint custody you would be privy to that information. You should petition the court and get a set schedule and her information she also should not be living out of state that usually is not allowed either. Do you have a lawyer. If not I would get one.
2007-08-24 01:26:35 · answer #5 · answered by Darkchild 4 · 1⤊ 0⤋
Get your own lawyer. Do it now. She has no right to move them and not give you the address. They're your kids too. Stand up for your rights. Get the court involved.
2007-08-24 01:26:17 · answer #6 · answered by mamabear 6 · 0⤊ 0⤋
Contact Support Enforcement, if she wants her child support she has to give them her new address and they may be able to give it to you. If it is stated in your divorce decree that you have joint custody, tell your ex (through her lawyer) that you will take her to court and request (and most likely receive) that she have to pay attorney's fees and court costs because she is in comtempt of court. Good Luck to You!
2007-08-24 01:57:59 · answer #7 · answered by TC 3 · 0⤊ 0⤋
If you have joint custody then it is your right to know where your children are and to have a say in where they go. With joint custody I believe that she can't move farther than a certain distance. I would check into it and then talk to your lawyer. Good Luck!
2007-08-24 01:29:23 · answer #8 · answered by dbrandydtaylor 1 · 0⤊ 0⤋
send her a registered letter.
1) the post office has an option to provide a report of the forwarding address. the cost is about $5.00.
if the post office can successfully forward the mail, they will provide you with the delivery address.
2) if she refuses to provide visitation as ordered by the court, i suspect you can file a complaint with the police dept. they may be able to help.
2007-08-24 01:45:14 · answer #9 · answered by ramni222 6 · 0⤊ 0⤋
Any reputable lawyer will make an appointment to give you 15-20 minutes of free legal advice, if it is not supplied by your life insurance, or employer.
2007-08-24 01:28:40 · answer #10 · answered by D L R 3 · 0⤊ 0⤋