Question:
My ex-wife is forcing me to communicate with her to arrange my visitation via her new husband, who has physically and verbally assaulted me.
Unless I communicate through him, I am unable to arrange visitation with my daughter.
Is there a law that prohibits my ex-wife from forcing me to communicate about parenting time with my daughter through her husband?
Answer:
In the state I practice in (Missouri), there is not a specific state law that directly relates to your child custody situation. With that being said, most courts generally agree that it is the duty of the biological parents to communicate with each other concerning issues for their mutual child.
If the mother of your child refuses to allow you visitation, you may want to file a motion with the court to obtain a court order concerning visitation.
In Missouri, it is common to file a Family Access Motion. Your state may have a similar option available.
This type of motion will inform the court that you are being unreasonably denied access or parenting time your child. The court then has the authority to grant you a remedy.
Sometimes the remedy is attorney’s fees for the cost of litigating the motion, other times the court will order make-up parenting time that you lost, which was unreasonably denied to you.
Please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion of your legal rights and legal advice on divorce, I urge you to contact a family law attorney immediately.
To set up an appointment with a Cordell & Cordell attorney, including Michelle Hughes, an Associate Attorney in the Jefferson County, Missouri office, please contact Cordell & Cordell.
