Problems with My Ex-husband

Updated on September 15, 2008
L.B. asks from Denton, TX
4 answers

I have 3 kids that my ex took from me 2 yrs ago and ended up with through the court, we have joint custody so we have the same rights but he has decided that I am not allowed to see my kids or talk to them when he doesn't want me to. I have 2 times a week that I can call my kids but he often changes the time and date that I can talk to them. He doesn't tell me anything that is going on in their lives and gets upset when I don't know what is going on. They live in OK 2 1/2 hours away and I have to pick them up and drop them off on the weekend that I have them (all according to the divorce papers). He refuses to talk to me and says that their lives are none of my business but wants to know everything that happens when they are with me. I have no lawyer which is how I lost them anyway and no money for one. Legal Aid is not currently taking applications, and I was told that I have to wait a total of 2 years before I can change anything in the decree, I have one year left for the two year period. I am not even allowed to be there or talk to the kids on their birthdays unless it lands on a day that I am already allowed to call. I currently have a notebook that has all the information such as when I call or they come and visit, what we did, ect I also have all the e-mails that my ex and I have ever sent to each other. I guess what I am saying is there anything else I can do and do I have a chance in ever getting them back? I am at my whits end and don't know what to do. I appreciate any help anyone can offer. Thanks

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H.T.

answers from Dallas on

My heart breaks for you and your babies who I know miss their mommy terribely. I too lost temporary custody of my son years ago. I had a lawyer just a very bad one which is exactly why the ex was granted temp. custody. We were both young but I was in college and had a place of my own and a job. He had no job no car wasn't going to school and lived with his parents. Obvious to anyone that he had no business getting custody but that is exactly what not having a lawyer (or a bad one) will do!!! Where was your case heard OK or TX??? Laws differ from state to state. You MUST get an attorney!!! I can not express that to you enough. THe state bar strongly pushes lawyers to do pro bono (work for those who can not afford to pay) so call every law firm in your town and ask if anyone is doing pro bono, if they say no ask them if they know anyone who is. Also, ask your church or local charities to help. Your children are entirely to young T. without their mommy, this will cause major problems for their emotional growth. You have got to fight for your children's lives. DO you not have a place to live or a job? Where are you currently living? Feel free to send me a personal message if you like and I would be more then H. to help you further. Good Luck and God Bless! You and your babies will be in my prayers

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K.D.

answers from Dallas on

L.,

My heart goes out to you. I can't begin to tell you how many people I know are in this situation and all because they couldn't afford attorneys. They only way I can think of enforcing your rights as a parent with joint custody is going to require an attorney. Do not step into court again without one (while he has one) unless you are prepared to loose. I hate to sound so harsh,but it is the cold hearted (unjust) truth. You are going to have to take action in order to enforce your visitation.

Also, I want to inform you that the 2 year policy that you are referring to is designed to prevent parents from bringing cases repetitively in front of the court seeking an increase in child support, etc. It is not to keep people from requesting modifications to parental custody or in your case, to enforce your current rights as a parent. I can't recommend strongly enough that you get an attorney. He can definitely sort through all this for you. Is there anyone you can call to loan you the money? Parents, bank, etc?

PS. It also seems that the longer you wait the more difficult things tend to become.

I am so sorry you have to go through this. I get mad every time I think about how a few dollars (attorney dollars) can have such a profound effect on lives. I will pray for you and wish you the best.

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K.C.

answers from Dallas on

I SO feel for you. I am fortunate that during all the fighting with my ex-, I've actually had custody of my children. Please feel free to call me - there are so many questions to ask before I can help you with what I have learned through my own troubles. My number is ###-###-#### - if you get my voice mail you'll hear something about A&K Exteriors...that's the right number! This is exactly the reason for the formation of the Family Preservation Legal Assistance Program (www.fplap.org). Check it out!

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M.H.

answers from Dallas on

L. that sounds awful! I'm a little confused as your email talks about the exhusband but the "little about me" says you're getting a divorce. Anyway, you have to get a good lawyer! Your kids are more important than money, get a loan, ask your parents, church, etc. for help. My husband is a great aggressive lawyer, you'll have to pay something but he can at least hear you out and map out a way out of this mess you got into at a reduced amount. His website is www.haugenlawfirm.com. Check it out and call him or email him with all your details. God bless you and go get your kids!

M. :-)

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