Legal Question in Family Law in Pennsylvania
Ex-wife refuses to communicate
My ex-wife and I have a 9 year old son. We have been divorced for some time now and I am remarried. Because my ex-wife refuses to talk, I sent her a certified letter requesting that for the sake of our son we needed to make some changes - nothing more...1, being the 2 of us do the talking - instead of our son having to be stuck in the middle. 2, should she leave the area on vacation, etc. a phone number must be left in case of emergency's. 3, if our child will be left in either my wife's care or her boyfriends care and neither of us are going to be present - the 2 of us should have a signed agreement giving them permission to have him treated should he become ill or injured. 4, If there are problems at school or home I should be notified of them. Her letter of response to me flat out it's none of my business and she will not provide me with anything I requested.
Since there are no custody papers, other than domestic relations paperwork and all that states is that he resides with his mother, what actions can I take to MAKE her provide me with the proper info?
If you can help me, I would appreciate it. Thank you
2 Answers from Attorneys
Re: Ex-wife refuses to communicate
The answer to every legal question is "it depends".
In Southeastern Pennsylvania, nearly every custody
order requires the regular communication of information
by the parent with primary physical custody. Chester
Couty for example has a standard typewritten page
that requires the parties to communicate and to avoid
disparaging the other parent with the child. Therefore,
I would advise you to obtain a custody order where
mom has primary physical custody, you both have joint
legal custody and there is a set visitation schedule
for you. If this is a normal situation, the outline
and provisions of that order are highly predictable.
Without an order, you have no power at all. Because
there will be a "consiliation conference" or even a
required mediation, the process should not cost too
much. Mom, if she obtains good advise, will learn that
the probable outcome will be a "standard" order and
any attempt at litigation will be a waste of money.
As I stated, the standard order would probably
satisfy your concerns. You should expect to pay
an attorney about $500 to prepare the papers and enter
his or her appearance. If the case is settled in
mediation, there is not much for the attorney to do.
If the case is litigated to a hearing, expect to
pay by the hour with a retainer to bill against.
William L. McLaughlin, Jr. Esq. 610-644-4545
Re: Ex-wife refuses to communicate
You can always file for a change in the custody arrangment with the court. This might get her attention, although it will almost certainly upset her. What you are asking seems reasonable based on what you have indicated.
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