Question:
Currently, my wife and I are filing for divorce. I just went to use my debit card and realized that my funds had been frozen out of our joint account.
I believe she took me off the account without my approval. She is also not letting me see our daughter.
Is it illegal for her to freeze my card and our funds from this joint account? What about time sharing with our daughter?
Answer:
I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of that jurisdiction and can only provide you with general tips on divorce.
Because your wife’s name was on the account, she was able to block your access to the funds without your knowledge or consent. Your bank most likely has a policy in place that allowed this to happen.
Unfortunately, this happens to many people at the beginning of the divorce process. What is even more frustrating is that you may not be able to get those funds back at all or until your divorce is finalized.
I would recommend contacting your HR representative to ensure that your next pay check is deposited into an account where you are the sole person with access. If your wife and daughter are in need of financial support, keep receipts of any payments you make to them.
There is strong policy in place in many states to ensure that both parents share the rights and responsibilities of raising their children and that children have frequent, continuing contact with both parents after a separation or divorce.
It sounds like your wife is interfering with your relationship with your daughter, and this may have a negative impact on her case in the long run.
One of the factors the court will consider if it decides on a custody time sharing arrangement is the demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, who honors the time-sharing agreement and who is reasonable when changes to the schedule are needed.
Until a time sharing arrangement is ordered by the court, your wife can continue to withhold parenting time. The court cannot help you until you file your divorce paperwork.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Minnesota divorce lawyer Sonja Nyberg, contact Cordell & Cordell.
