QUESTION
What can I do if my wife filed for divorce and won’t let me see my kids?
Asked on Nov 09th, 2012 on Child Custody - Louisiana
14 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Immediately hire an experienced divorce lawyer.
Answered on Jun 13th, 2013 at 12:39 AM
Divorce for Men Attorney serving Nutley, NJ
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The Micklin Law Group, LLC
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You should file an emergent application, otherwise known as an order to show cause, for a custody and parenting time schedule, alleging that the urgency of the matter is your child's illness and your wife's refusal to let you see the children for however long is doing immediate and irreparable harm. That is the standard that the Court's look to when granting orders to show cause, so it is very important that you allege in your papers and explain to the judge, if and when given the opportunity, that the children are at risk of immediate and irreparable harm by your wife's refusal to let you see them. This must be done in the county in which your wife filed for divorce, and under the same docket number. The Court may not take the case on an emergent basis, but, if it does not, then it will likely convert the application to a regular motion. If for whatever reason the Court denies the emergent application, then you must immediately file for the same relief by way of notice of motion. Either way, the staff at the Courthouse will be able to give you the appropriate forms, or you can access them on the New Jersey Judiciary's website under Represent Yourself in Court. Generally, orders to show cause by self-represented individuals must be hand-delivered to the Court (you can go to the Court and fill it in while you are there) and the judge will hear your case that same day.
Answered on Nov 16th, 2012 at 3:02 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You should hire an attorney immediately in order to file the appropriate motions and get the matter in front of the Judge. The only one that can force her to give you time with your children is a Judge.
Answered on Nov 14th, 2012 at 5:48 AM
If your divorce is pending, you might want to consider filing a request for temporary orders so the court can hold a hearing and determine what is the appropriate schedule until permanent arrangements are decided. I recommend you consult with an attorney to discuss the situation in greater detail so you can decide on your best course of action.
Answered on Nov 14th, 2012 at 2:50 AM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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You need to file what is called a Petition for Temporary Orders and request that the court make a temporary decision regarding legal and physical custody of your children. If the mother does not have good reasons to withhold your children such as concerns about drug use or domestic violence, her actions will not reflect positively on her in court. You should consult with an attorney for more information about this process.
Answered on Nov 13th, 2012 at 1:25 AM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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You should most likely speak to competent counsel. Because if she filed a complaint this requires an answer and a motion for visitation / custody of children.
Answered on Nov 13th, 2012 at 12:05 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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You should hire an attorney to represent your interests in this matter. As part of the divorce, custody, support and parenting time will all be at issue. If your wife will not allow parenting time, a motion can be filed and the Judge will make a ruling as to a schedule. More information and details can be discussed with the attorney.
Answered on Nov 12th, 2012 at 11:38 PM
File with the court for equal custodial time.
Answered on Nov 12th, 2012 at 11:30 PM
Collections Attorney serving Ypsilanti, MI
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Collis & Griffor, PC
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You need to hire an experienced attorney such as myself to make sure that a motion for parenting time and custody is filed immediately on your behalf.
Answered on Nov 12th, 2012 at 10:56 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Hire an attorney and also read F.S. 61.13(3) to learn the factors the court will be considering.
Answered on Nov 12th, 2012 at 10:47 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Get a temporary order. You have the same rights to your children as she does.
Answered on Nov 12th, 2012 at 10:46 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Assuming you are in Ohio 1) Get a lawyer 2) Answer the Complaint with a motion for temporary custody or visitation. 3) In Cuyahoga County get to a mediator quickly 4) If you have an order of temporary visitation, talk with your lawyer about your options.
Answered on Nov 12th, 2012 at 10:36 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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File for a court hearing on custody. If youngest is v sick go ex parte for emergency temporary custody orders.
Answered on Nov 12th, 2012 at 10:33 PM
1 Award
File a counter suit and ask for custody and visitation.
Answered on Nov 12th, 2012 at 10:31 PM