She has moved out and has cut off all contact between me and my children. She returns the letters I send them, refuses to let them talk to me on the phone, and monitors their cell phones so I can’t even text them.
Is there anything I can do to communicate with my kids during this transition period?
As you are married and recently separated, unless there is a court order dictating the parenting schedule or custody arrangement for your children, you have as much right to see them as your wife does. If you have not filed for divorce yet, I assume there is no court order preventing you from seeing your children.
Each parent has the constitutional right to the custody, care and rearing of his or her child. That means, you and your spouse each technically have the right to spend time with your kids. However, it also means that you each have the right to decide who your daughter sees – including, if justified by the circumstances, the other parent.
I recommend that you meet with an attorney and have them file for your divorce, after which they can motion for a temporary parenting time arrangement to ensure that you are able to see and communicate with your children.
Cordell & Cordell has men’s divorce lawyers located nationwide.
Janet Yu Johnston is an Associate Attorney in the Louisville, Kentucky office of Cordell & Cordell, where she practices domestic relations exclusively. Ms. Johnston is licensed to practice law in the states of Indiana and Kentucky. Ms. Johnston received her Bachelor of Arts in both English and Foreign Lanugage/International Studies from Bellarmine University in Louisville, Kentucky. She later received her Juris Doctor from University of Louisville, Brandeis School of Law.