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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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