have some questions?

[Casey]

My xwife and i dont get along and she was granted full custody because i was in jail (contempt of court). now she will tell me that I cant see them. I dont know if she is able to do that . The last time I seen my boys was dec27. Is there any law that says that she cant tell me that?? [/b]

[Thoughts?]

Do you have a < parenting time > schedule that was part of the divorce decree? If so, and it has not been modified or suspended by a court, and you have not been ordered to stay away (like in a protective order), then she has to honor that agreement.

Read your < parenting time > agreement. Then put your request to see the kids in writing, referencing the day, time & place of the exchange, and reference the parts of the agreement granting you the right to see the kids on that day and at that place. Be polite, upfront, and professional. But indicate that not allowing you to see your children would be < parenting time > denial and in violation of the court orders. Then go try to get the kids at the stated time & place, with a witness. Have a copy of the orders with you. If she doesn't honor them, file a police report as documentation.

If you don't have < parenting time > sched in your decree, you don't have a decent decree, and we need more details...like "why didn't you get a vis sched in your original decree," and what state you're in.

[Casey]

The judge said that it was to be agreed by both of us as to when i see them. I can tell her that i would like to see them on saturday of next week and she will say ok then wensday she will tell me that I cant see them. She has always been like that.
I live in Kentucky and I dont know anything about visiistion laws. THe reason I didnt get a < parenting time > schud is that we had agreed on joint custody and at the end she changed it so that she got full.

[Bob]

Did you get divorced or were you married?

What does your lawyer say?

[Casey]

We got divorced in March of '04... I don't have a lawyer since I can't afford one. I am saving up for one though.

[nuke]

While you are saving up for a lawyer, you need to do your homework. If it is legal in your state to tape phone calls (check the reference section of this board), tape any phone call that you ask to see the kids. Set aside those tapes that have refusals (or anything else negative) on them. Then when you can afford the lawyer you can hand him your case. It sounds as though your divorce decree was as vague as my original one and NEEDS TO BE CHANGED. In order to change it you have to prove that you need the change (in your case you need it because she is just not agreeing to most of your visit requests). Good Luck and keep trying. Try to keep up regular phone contact with your kids also (like once per week), even if you can't see them. Contact their schools and give them your address so you can get copies of calendars (so you know when their grades are performing and you can just show up) and report cards. As long as their are no ROs against you for the kids (or your decree forbids you contact with the schools) the schools MUST give you this info.