Legal Question in Family Law in Alabama

Re: What do I need to do about my ex-husband not allowing me to speak with my ch

You do not say how old the children are, or why you can't talk to them when you call. You could file a motion in the court in which you were divorced to try to correct the situation. You might also be able to file in Florida, depending on how long you have been there and how long the children have been there. You need to speak with an attorney where you are living.

Re: What do I need to do about my ex-husband not allowing me to speak with my ch

In your question you stated; "Now that I am here" I am assuming you mean Florida. Also assuming that you have not lived in FLA long enough to bring the action (check with and attorney in your area first), If you are not allowed to bring the action in FLA. you should file Petition to Modify your custody arrangement in the court that granted your divorce decree and determined the current custody arrangement.

Since the previous agreement involves joint physical and legal custody and now you both are living in separate states, then more than likely for practical considerations one of you will need to have primary physical custody of the children with the other having reasonable visitation rights and also a determination of Child Support will need to be made.

Two options are: (1) Both of you will need to agree on a new arrangement and file a Joint Petition to Modify Custody and ask that the court accept and ratify that agreement or; (2) Not agree and ask the court to make a determination as to who should have primary physical custody of the children. But note, that if you do not agree, each party will have to put on evidence showing that such a change in circumstances has occurred such that it is in the child's best interests that the previous decree be modified to establish of transfer primary physical custody and whether the party seeking modification has alleged and proved changed conditions sufficient to warrant modification. The court will make a proper determination; considering such things as the children's best interests, there ages and any special needs they may have.

This is not intended as specific legal advice but is provided for general informational purposes only. The facts of your case are specific and you should contact a licensed attorney in your state for advice on specific questions regarding you own situation.