What to do if my wife was granted a divorce without my knowledge and the decree doesn’t statewhat rightsI have to my kids?

UPDATED: Jul 27, 2011

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What to do if my wife was granted a divorce without my knowledge and the decree doesn’t statewhat rightsI have to my kids?

My ex filed for divorce. I did not even know tell in was over and now he won’t let me see my kids. All it says in the decree is petitioner should be awarded the care, custody and control of the parties minor children (then my kids names) and the it says subject to appropriate visitation to respondent. What does that mean?

Asked on July 27, 2011 Utah


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Were you ever personally served with the summons and petition for the dissolution of your marriage or an adult that you know was sub-served with the papers foryour divorce in your place and the papers were then mailed to you? It sounds that some default resulted against you. You need to go down to the court house and pull the file regarding the divorce that your wife apparently obtained against you to see what happened.

You should also consult with a family law attorney about this lawsuit by your former wife that you know very little about to protect your interests.

The language you mention in the decree means that your wife has the physical custody of your children and not you. The children will live with her. You get to have visitation with your children at a time and place that is appropriate which would be determined later on.

You need to consult with a family law lawyer to sort out this situation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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