Myex husband and I got divorced a month ago.and it was done with the clerk of our county.at the time he was ok and we both were in agreement that the custody and living arrangements of our 2 children was agreed upon between us. Now that I am seeing someone, he had taken the kids to a different state to live and is refusing to let me see them because he doesn't like the person i'm now with.with out there being any paperwork on this, what legally can I do? Can he legally do that? I nor the person i'm sing had any thing against us as far as charges etc that would cause him to feel the children were in danger
2 Answers from Attorneys
The Clerk of Court can not grant a divorce that has to be done by a judge. Since you have no idea how a divorce is properly done, I would assume you did not have an attorney - and this is what happens. If you would have consulted with an attorney ahead of time, you would have most likely been advised to take steps to avoid the very common problem you are in now. What would have been a simple easy thing to resolve when you initially got divorced is now most likely gonna cost you a giant pile o' cash.
The Clerk of Court can grant an uncontested divorce if the non moving party did not file an answer within 30 days of the service of summons and complaint. Do you or do you not have a child custody order/ parenting agreement? It is unlikely that custody was properly handled in a pro-se divorce before a clerk. Seek the advice of a competent attorney and file a complaint for child custody or emergency child custody depending on the circumstances.