Not being allowed contact with my kids

[dadof3paiges]

What is the name of your state (only U.S. law)? Texas

Background:

I am a TX resident and my estranged wife lives in CO with our two children. We are about to start the divorce process, so there are no court orders in play at this time, and no open cases with child protective services that I am aware of regarding the children. We have been physically and emotionally seperated since September 2008. We have both moved on from each other and started new relationships.

Question/Problem:

She is not allowing me to speak with the children. I call for them and she denies me contact, and has told me on numerous documented occasions that she will not allow me to speak with them. I am just wanting to talk about them in school and let them know that they have a new little sister who was born on Friday the 11th of December. Can she legally do this and not allow me to speak to them???

 

[Isis1]

What is the name of your state (only U.S. law)? Texas

Background:

I am a TX resident and my estranged wife lives in CO with our two children. We are about to start the divorce process, so there are no court orders in play at this time, and no open cases with child protective services that I am aware of regarding the children. We have been physically and emotionally seperated since September 2008. We have both moved on from each other and started new relationships.

Question/Problem:

She is not allowing me to speak with the children. I call for them and she denies me contact, and has told me on numerous documented occasions that she will not allow me to speak with them. I am just wanting to talk about them in school and let them know that they have a new little sister who was born on Friday the 11th of December. Can she legally do this and not allow me to speak to them???

umfortunately, yes she can.

you need to file for divorce first thing tomorrow morning. file for visitation/custody. you will need to file in CO if mom and the children have been residing there for six months or more.

you will need a detailed parenting plan that specifies visitations, times, pick up and drop offs. you should detail phone calls, webcam visits.

 

[mistoffolees]

umfortunately, yes she can.

Yes, she can, but it's going to look bad in court. Try to document all the attempts to see the kids - either with a diary or with phone recordings if they're legal in your state (I didn't look it up). Judges do not like parents keeping the kids away from their other parent.

OP needs to follow through on the rest of your advice, as well.