If the divorce has been filed, there is a prohibition on removing the children from the state or more than 150 miles from the other parent. That same prohibition applies once you are divorced. If your wife is refusing to let you see the children and assuming the divorce is filed, file a request for a temporary hearing so that the family court commissioner can decide temporary issues of custody, placement, support and any other issues that are important between you and your wife. If no divorce action has been filed yet by either one of you, your legal remedies are significantly reduced. There is no prohibition on removing the children from the state or more than 150 miles from where you are in that situation. However, if the removal occurs contemporaneous to the divorce filing, the court has the authority to order your wife to bring the children back to the state. If no divorce action is filed, and she is keeping the children from you, there is also not too much you can do other than filing a court action either for custody, divorce or legal separation so a court hearing can be scheduled to establish what your placement rights are going to be with the children.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.