Legal Question in Family Law in Minnesota
My husbands ex wife won't allow him to talk to his kids on the phone because there is nothing in their divorce decree stating she has to. He does have the right to have the kids every other weekend, but we live across the country from them (Minnesota vs. Texas). She has stated that she is trying to make them forget about him (they are 3 and 4) because he left them. She has told them that he doesn't love them (her and the kids as a unit) anymore and that's why he left. She's also told them that he doesn't love God anymore, etc. He has called almost every day to try to talk to them for over two months and has never been allowed. She only just recently told him that she will not let him talk to them, and if he want's to talk to them then he can come get them on his weekends. Is there anything we can do to fight this? If we have to file a visitation amendment or something like that is it something we can do here in Minnesota, or does it have to be in Texas where the original divorce decree was finalized two and half months ago and where the kids are living?
1 Answer from Attorneys
Since your husband was divorced in Texas, you need to check with an attorney from Texas. In Minnesota we have a statute that gives each parent the right to have reasonable telephone access and maybe Texas has a similar statute. If you take action to try to remedy this, you will have to do it in Texas. You may want to consider mediation first. Some mediators will conduct mediation over the telephone due to the distances between the parties.
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