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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3757
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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hi sir my wife took my kids about 22 days ago i have no communication

Customer Question

hi sir my wife took my kids about 22 days ago i have no communication with her since that day her family members dont want me to even communicate with her and want divorce which i dont want it to do they said if i come closer to them they are going to call the cops and put me in jail.. they said they are going to put an abusive father case on me
Submitted: 1 year ago.
Category: Family Law
Expert:  Chris T., JD replied 1 year ago.

Chris T., JD :

Good evening. Thanks for requesting me!

Customer:

thanks for responding sir

Chris T., JD :

Do they have a restraining order against you?

Customer:

im really confuse and need your help to guide me what shoud i do on tht circumstances

Customer:

no sir they dont as long as i know

Chris T., JD :

Then what are they threatening to have you arrested for?

Customer:

and i never abuse her i abuse her father for not helping me out but i never abuse her

Customer:

i dont know they said we have already talk to the police and if you come nearer to our home youll be gone to jail for 8 to 12 months

Chris T., JD :

So, you've assaulted her father, and he says that if you come around him, he will call the police for the assault?

Customer:

yes i abuse her father in front of her that

Chris T., JD :

OK. You should avoid her family at all costs. Do you know where she is?

Customer:

not infront of her father i was before she left me

Customer:

yes she is at hillcroft leaving with her entire family

Customer:

her uncle is a doctors im all alone with student status over here

Customer:

and dont know what to do

Customer:

i beg them in front of the road to please forgive me of whAt ever i did

Chris T., JD :

Legally, there is nothing you can do to force her to come back to you or bring the children. If you want guaranteed access to the children, you will have to file for divorce and get a custody order in place.

Customer:

but they dont want it to listen and every one of them are threatning me tht we are doctor and we didnt wear a white court like that we wil put you behinds the bar

Customer:

and make sure you can never see your kids and this and that

Customer:

what are the chances of getting kids custody

Customer:

and is it true tht i can only see my kids once in a week

Customer:

sir i work hard for them day and night even i was in student status

Chris T., JD :

There is a presumption that both parents should share custody. So, without knowing all about your personal situation, it is hard to say exactly what a judge would do, but most of the time the parents share custody.

Customer:

i work for my kids

Chris T., JD :

OK. Slow down and read my responses.

Customer:

they say that they gonna show no income of mine and they become her legal guardian ad most probably as they are citizen they are going to get custody

Chris T., JD :

The fact that they are citizens is not a consideration for the court. In other words, the judge cannot refuse to award you custody because you are not a citizen.

Customer:

is that true but eventually i earn and i have proofs that i earn money i dont pay taxes as im not allowed to work but i earn

Chris T., JD :

You are not legally required to have income to get custody of your children.

Customer:

but they can say tht they were supporting me and i dont earn anything and im unable to take care of my kids

Customer:

which is not true

Customer:

legally yes i dont pAY taxes because of my student status but i earn

Chris T., JD :

If you can show that you can provide for your children, keep food in the house, keep the electricity and water turned on, etc. your income will not be a problem.

Customer:

can we prove tht with my bank statement cheques i get from customers or from something

Customer:

sir what do you think we should be quite and wait for a response from them

Customer:

or we should take any action i dont want it to give her a divorce for this small reason i said im sorry to her parents let me talk to my wife and i know if i talk to her shell b fi9

Customer:

im sorry sir im just typing but im really in a bad situation and needing your help.\

Customer:

please guide me what should i do can they make cases like that on me

Chris T., JD :

I understand. Slow down and let me respond before you ask a question. It is important that you slow down and take your time and understand what I'm telling you.

Customer:

k

Customer:

im sorry

Chris T., JD :

No problem. I understand that you are very worried.

Customer:

thanks sir God bless you for your help

Customer:

please sir guide me what should i do why are they trying to put these cases on me

Customer:

as i never abuse her

Customer:

or hit her

Chris T., JD :

If you want to see your children, you will have to file for divorce. As it stands now, there is no way to force her to allow you to see your children. The only way to make that happen is to get the court involved, and the only way to get the court involved is to file for divorce. When you file for divorce, the judge will put emergency custody orders in place that give you access to your children.

Customer:

k and if i dont want it to give her a divorce than i have to wait

Chris T., JD :

Yes.

Chris T., JD :

You will have to work it out on your own if you don't want to file for divorce.

Customer:

and can they put me al tht false allegation now

Chris T., JD :

You can't stop them from making a police report. The police will then investigate and hopefully see the truth.

Customer:

ok

Customer:

and police will ask for evidence

Customer:

if i ever did it

Customer:

right sir

Chris T., JD :

The police will investigate and look for evidence.

Customer:

k as i never did that God knows

Customer:

secondly

Customer:

my kids the only way i can get them back is just by filing a divorce

Customer:

thats the only ways

Chris T., JD :

Yes.

Customer:

there is no other way

Chris T., JD :

Legally, no.

Chris T., JD :

If you don't want to file for divorce, you will have to work it out on your own.

Customer:

ok and do you suggest me to go at my kid school and see him

Customer:

or that going to be a problem

Chris T., JD :

You certainly can see your kids at school. You have the same rights related to them as your wife.

Customer:

and wha about threatning im getting from them

Customer:

so i can go at school and see him tomorrow there would be no legal issue involved

Chris T., JD :

That would not be an issue.

Customer:

i dont kow what she taught my kids uptill now

Chris T., JD :

Again, slow down and let me answer your questions before you ask another.

Customer:

k im sorry

Chris T., JD :

You can go to school and see your children until a judge tells you that you can't.

Chris T., JD :

As far as the threats to have you arrested, there isn't anything you can do about them calling the police. If they want to, they can. The investigation will take place and get to the truth.

Customer:

ok but if i do tht they can get me in to the court

Customer:

my case can be worse

Chris T., JD :

If charges are filed, yes. However, charges won't be filed unless the police can prove what they are saying.

Chris T., JD :

Ultimately, there isn't much you can do if they decide to call the police.

Customer:

ok so sir what do you suggest please guide me how can i get both my kids and my wife back if you were me what would you do

Chris T., JD :

As I've said several times, you will have to file for divorce and ask for joint custody. If you won't want to file for divorce, you will have to work things out with your wife on your own.

Customer:

k but im not finding a way to talk to her and without talking to her how can i find a way

Chris T., JD :

You can't legally force her to talk to you.

Customer:

ok and sir about the case they are saying that we have already talk to the police and if you come over here we r going to get arrested is it true

Customer:

as i didnt get any restraining order

Chris T., JD :

They cannot just have you arrested. Only the police can make that decision. Without a restraining order, you are not legally prevented from going over there.

Customer:

ok

Customer:

so sir i should wait and see what are the responses come from there but there is no way tht i can only see my kids once in a week for couple of hours right sir

Customer:

i mean like what they are saying that they make me doing like that

Chris T., JD :

Again, you cannot legally force her to do anything until you get a judge involved. You get the judge involved by filing for divorce. You can, however, go see them at school, or anywhere else you want.

Customer:

k sir thanks a lot

Customer:

thank you very much

Chris T., JD :

Glad to help.

Chris T., JD :

If I can't do anything else for you, please remember to "rate" my answer.

Customer:

ill definitely will sir how can i meet you sir and have you look my case more closely

Chris T., JD :

You can't. We can't take clients from Just Answer.

Customer:

ok

Customer:

any ways thanks sir but i wan to be in touch with you..

Customer:

and let you know whats going on with me as im all alone by myself here and she has her whole family

Chris T., JD :

You can post a question with "this question is for Tex Lawyer" in the title. Or, you can post a question here.

Chris T., JD :

If you do either of those things, I'll get the question and respond.

Chris T., JD :

If I can't do anything else for you, please remember to "rate" my answer.

Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3757
Experience: I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
Chris T., JD and 4 other Family Law Specialists are ready to help you
Expert:  Chris T., JD replied 12 months ago.
Thanks for the positive rating! If you have any questions in the future, you can direct them to me here. Also, you may receive a survey in the near future asking questions about my service. If you have a few moments, please complete it. Hopefully, you've been fully satisfied with my assistance. If not, please let me know.

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