QUESTION
What can I do if my wife takes my kids away from me during our separation?
Asked on Sep 02nd, 2011 on Child Custody - Washington
More details to this question:
Me and my wife are not legally separated. Can she with hold the kids from me? And if she does, what can I do?
15 ANSWERS
Bankruptcy Attorney serving North Muskegon, MI
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Holmes Law Office
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Until there is a court order changing the circumstance both mother and father have equal rights to the care custody and control of the children. If your wife withholds the children from you then you need to get a court order determining custody and parenting time. Do not delay in retaining an attorney. If you wait you might t find yourself having to go to another state or foreign country.
Answered on Sep 08th, 2011 at 12:52 PM
Administrative-Regulator Attorney serving Seattle, WA
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Law Offices of Karen A. Clark
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If you and your wife are no longer living together, then you should consider filing a (temporary) custody petition to ensure that you have equal access to your children. The petition will outline visitation schedule and decision-making authority while you and your wife are separated. The court will then review the petition and enter an order. Each parent has a right to have a relationship with his or her children. The parent who denies access to the children would be in violation of the custody order and be penalized by the court.
Answered on Sep 08th, 2011 at 12:38 PM
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Each parent of a child born within a marriage has equal rights toward that child. Unfortunately, when one parent is not playing fair, it leaves the other parent with two options. You can steal the children back from one another. This is clearly not in the best interest of the children and may hurt your chances of gaining majority timesharing. Secondly, you may start the divorce process and take this up with the courts. This would be the recommended solution. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
Answered on Sep 08th, 2011 at 9:54 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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Go file a Custody Complaint to be heard on your preference if she will not voluntarily allow your children to spend time with their father.
Answered on Sep 08th, 2011 at 8:08 AM
Roianne Houlton Conner
If there is no Court order regarding your rights to have the children then she can withhold them. You really need to get a Court Order regarding this matter.
Answered on Sep 07th, 2011 at 12:51 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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Your wife can withhold the children from you, but withholding children from a parent is not an action that a court will like. It could work against her. If this happens, you will want to immediately file for a custody and visitation timeshare. Because it generally takes 6 to 8 weeks to have a hearing, you may need to file an ex parte request asking for an immediate schedule for your children to see both parents (an ex parte request is determined within 2-3 days by a judge without a formal hearing). Ex parte requests must be timely, so if the children are withheld, do not wait. If wife won't let you see your children, I urge you to see an attorney. Absent abuse or neglect, children have a hard enough time during a separation - adding the loss of a parent to that mix is devastating for them.
Answered on Sep 07th, 2011 at 11:31 AM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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Hire a lawyer and file an OSC.
Answered on Sep 07th, 2011 at 11:31 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You can consult with and retain an attorney and file for divorce. Technically, she cannot withhold the children from you. However, there is little you can do without a judge's order, which you can get during the divorce process.
Answered on Sep 07th, 2011 at 11:27 AM
Steven D. Dunnings
Unless you have a court order establishing who has physical custody at what parenting time the non-custodial parent has, there is nothing you can do. In absence of an order, each of you has as much right as the other to the kids, but if you try to forcibly remove the children, your wife may end up calling the cops and you will find yourself arrested for domestic violence. Get a lawyer and get an order.
Answered on Sep 07th, 2011 at 11:14 AM
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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When a spouse keeps the other parent away from the child(ren) without good cause such as domestic violence, the best way to get control of the issue is a strong demand from an Attorney, and if that does not work seek the assistance from the court. If a parent fails to go to court, and lets substantial time pass without seeing the child(ren) that fact can come back and haunt that parent in the legal proceedings. This is not to mention, BOTH parents should be spending time with the child(ren) because it is in their best interest. Do not EVER let a parent get away with using the child(ren) as a pawn in a divorce, legal separation, or life in general NEVER-EVER!
Answered on Sep 07th, 2011 at 10:40 AM
Glen Edward Ashman
Until you go to court she can do what she wants. Get a lawyer ASAP.
Answered on Sep 07th, 2011 at 10:03 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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She can withhold the children until you take her to court seeking a clarification of the custodial, residential and visitation rights. They will also review child support. You would be seeking a legal separation and would require the assistance of a domestic relations attorney.
Answered on Sep 07th, 2011 at 8:40 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Until there is a court order spelling out what each parent's legal rights and authority is, each parent has exactly the same, unspecified rights and authority. There is no such thing as an "illegal separation" so until there is a court order issued as part of a divorce or legal separation, all you can do without doing harm to the children is to file a petition with the court to have parental responsibilities established.
Answered on Sep 07th, 2011 at 8:12 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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She can withhold the kids. Your only recourse is to file for divorce or legal separation and seek temporary custody and/or parenting time. The court will order that the kids remain in their home.
Answered on Sep 07th, 2011 at 6:01 AM
Until such time as there is a case filed and some sort of order issued by the court, both parents have equal rights to the children. As a practical matter, this means that whoever happens to have possession can withhold them from the other parent. However, unless she has a very good reason for withholding the children, the court is going to be unhappy with her for doing that. So, I suppose what you need to do is to get a case filed and a temporary orders hearing ste.
Answered on Sep 06th, 2011 at 3:52 PM