QUESTION
Can my wife legally keep me from my children before our divorce? How?
Asked on May 15th, 2015 on Child Custody - Wisconsin
More details to this question:
My wife has seen an attorney but no paperwork has been sent to me. She claims that she can keep me from seeing my children. But I am not even sure any paperwork has been started. Can she keep our children from me like this?
11 ANSWERS
Alimony Attorney serving Rockville, MD
at
Law Offices of Aimee C. Robbins
Update Your Profile
No unless she has obtained a Protective Order against you. You need to retain a lawyer to fight for your rights as a Father. I never allow my female clients to behave that way which is why I mostly represent fathers and successfully help them get custody of their children, or if they don' want full custody-they get increased visitation with their children. You should know that the courts sometime punish mothers who unreasonably deny fathers their time with their children.
Answered on May 18th, 2015 at 4:58 AM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
Generally not unless she has a court order granting her sole physical custody and not granting you parenting time.. o
Answered on May 18th, 2015 at 4:57 AM
Social Security Disability Attorney serving Melbourne, FL
at
Law Office of Robert E. McCall
Update Your Profile
Why not? There is no court order in place giving you any rights.
Answered on May 18th, 2015 at 4:13 AM
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
No. However, it is in your best interest not to get into a fight with her. Instead, ask to pick them up (I assume you've moved out and the kids are with her) and most importantly, file for the divorce and get a motion for temporary orders in place with a temporary parenting plan and child support order..
Answered on May 18th, 2015 at 4:01 AM
1 Award
Unless she has a court order/judgment, she does not have legal custody and cannot prevent you from seeing the children.
Answered on May 15th, 2015 at 4:26 PM
4 Awards
You should visit with an attorney to discuss getting temporary orders so she can't keep the kids from you. Best wishes.
Answered on May 15th, 2015 at 4:25 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Generally not, but if she has an attorney you certainly should engage one and get this straightened out as quickly as possible. If necessary you will have to go to the court, filed the case, and get a temporary order.
Answered on May 15th, 2015 at 4:22 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
at
Utah Family Law LC
Update Your Profile
Oh, what a great question.
Answered on May 15th, 2015 at 4:15 PM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
No. But you might have to start your own proceeding to enforce your rights. Consult an experienced family law attorney, who can advise and represent you. Good Luck.
Answered on May 15th, 2015 at 4:15 PM
She cannot keep you from seeing your children without a properly filed and Court Ordered Restraining Order. If she tries, you may go to Court on an emergency motion for an appropriate Order for visitation or even temporary custody. Better yet, hire your own attorney and request the Court to order her to pay your attorney fees for not allowing you to see your children. Good luck.
Answered on May 15th, 2015 at 3:53 PM
Divorce & Separation Attorney serving Menasha, WI
at
Petit & Dommershausen, S.C.
Update Your Profile
You each have equal rights to your kids unless a court order says otherwise. You can go to school or daycare and pick up.
Answered on May 15th, 2015 at 3:51 PM