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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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my wife left me [without notice ] and took my 9 yearold son

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my wife left me [without notice ] and took my 9 yearold son yesterday. She did not have my permission to do this and she is denying me access to him. What are my parental rights?
Hello,

Thank you for your question. My name is Ellen. I will do whatever I can to answer your questions!

I assume that no court order is in effect since your wife left without any notice. This means that you will need to obtain a court ordered temporary parenting plan to compel your wife to provide access to your son and/or prevent your wife from leaving the state with your son.

Here is how it works. Absent a court order or proceeding concerning the child, the parent in physical possession of the child has custody and may choose whether to allow the child to visit with the other parent. Since there is not currently a court order regarding your child, your wife can travel with your son and deny you visitation.

I suggest that you immediately petition the court to establish a temporary parenting plan

Please let me know if you need any clarification. I would be glad to assist you further if I can
Customer: replied 3 years ago.

Hi,


You mentioned "physical possesion". If I regain phyical possession does this turn the tables on her ? ..........or should I just go the court order way? Also, what is the procedure for that?

Hello George,

You mentioned "physical possesion". If I regain phyical possession does this turn the tables on her ?
Yes it does however you would need to gain possession of your son without a breach of the peace

..........or should I just go the court order way?
If you are able to obtain physical possession of your son, you could obtain a court order at that time asking the court for temporary custody

Also, what is the procedure for that?
You will need to file a petition for temporary custody. I suggest that you retain local counsel to prepare your documents
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