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Minor Problem with Kids' Address and Phone Number

Started by singularity27, Aug 11, 2007, 09:58:39 AM

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singularity27

Hi Everyone,

  Here's a quick summary of my situation.  My wife and I have been separated for about 2 years now (not a legal separation, we just aren't living together), and are going to be divorced soon.  We have two girls, 3 and 6, but virtually no other assets.  There isn't any problems whatsoever regarding custody of the girls; we agree on joint custody, and they go back and forth between us regularly.  I usually have them on the weekends, and she keeps them during the week (it's like that due to our work schedules, I work in the evening and she works in the day, it's just easier for both of us like that).  At first I was going to try to do the divorce without lawyers, since we agree on everything like support payments, custody, and the few minor items that we have.
 
  Our divorce should be quick and relatively painless, however there is one thing that she simply will not cooperate with me on.  She adamantly refuses to let me know her (the children's) address and phone number.  In fact, she lies to me about even having a phone, she claims that she doesn't, but my oldest daughter swears up and down that she does.  The only way that I can contact my kids is at her mother's house before I go to work (where they are watched while she's at work), and on the weekends when I have them.  She tells me that she doesn't trust me with the kids (her) address.  Years ago we used to have pretty bad fights, but nothing like that has happened in a long time, so I honestly can't think of a reason why she would deny me that knowledge.
 
  Since there is no Order of Protection, Restraining Order, or anything like that, can she legally deny me my children's address and phone number?  If I go into court without a lawyer, is this something that I can straighten out, or do I need to get a lawyer?

  I really appreciate any help or advice that is given.  Thank you very much in advance.

mistoffolees

First, I generally don't recommend doing it without an attorney to at least look over the agreement. If you think that's going to cause too much trouble, perhaps you could suggest mediation over that issue.

This is not legal advice, and I don't know the situation in detail so it may not apply to you, but I'd be inclined to write up the agreement and present it to the judge, but tell the judge there is one minor issue unresolved and you'd like him/her to decide it. I would say that 95% of the time or more, a judge would consider your request reasonable and grant it.

singularity27

  Ok, so knowing my kids address and phone number isn't something that I'm granted by default then?  Even though there are no other issues?  Ok, well, that seals it then, I'm calling a lawyer Monday morning.  :)

  Thank you very much for your help.

mistoffolees

It's not granted by default, but if you ask for it, it's very likely that you'll get it - unless there are extenuating circumstances.

singularity27

  Ok great, that's a relief.  Unless she really starts making up stories, there are no extenuating circumstances.  Thanks a lot for your help, you've really put my mind at ease!