My common-law wife and I have separated (2 weeks ago). We have 5 children, ages 11 to 3 and she will not let them visit or telephone me or my family (she confiscated my oldest son’s cell phone because she caught him texting me). This cycle has repeated itself frequently in our relationship and it continues until I relent and return home. I am no longer going to return to this relationship. I am currently unemployed and do not have the resources available to hire an attorney to help me see my children. What are my options so that I can have my children visit me and my family?
State/Country relating to question: Kansas
Hi - my name is XXXXX XXXXX X'X a Family Law litigation attorney here to assist you.The only way to guarantee visitation is to get a court order, and the only way to get a court order is to file for divorce. There is no such thing as a common law divorce, so you would have to file for divorce just like you would in a traditional marriage relationship. Once you file for divorce, you can file a petition for temporary visitation and get a court order in place that will allow you to see your children until the divorce is final and a permanent divorce order is entered, along with a permanent child support, custody and visitation order. If you cannot afford an attorney, you should contact the Kansas State Bar Association (www.ksbar.org) and ask for assistance in finding an attorney in your area that works pro bono or a legal aid office in your area that can help. They can assist you in getting some legal assistance, or at the least, some forms that you can use to get the process started.
Is there no quicker option so that my children and I can visit. There is no current court order giving custody to either of us, but I do not desire to go to the home and remove my children from the home and school(starting soon) that they have known for years. I understand about having to actually divorce her, but that and getting help to do so will take weeks or months. And, all the time that this takes to run its course, my children are isolated from my family and I and subjected to listening to their mother’s verbal assaults upon my family and I.
Legally, this is the quickest option - other than going to get the children. You certainly have the right to go to the children and take them. There's nothing illegal about that. As long as there is no court order prohibiting you from seeing the children or having custody of them, then you can do that. However, if you don't want to do this, the only thing you can do is seek intervention from the court and get an order of visitation set where the mother cannot refuse to allow you visitation. Kirk Adams41119.9512197569
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