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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111657
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My wife and I are going through a separation but we are not

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My wife and I are going through a separation but we are not legally seperated. She left our house a little over a month ago with my boys and is staying with her parents. Her parents have never liked my family or I because of the difference in money made. My family are very hard-working people and her parents were gifted with a better income. That doesn't bother me because my wife and I have been married 17 years . My mother-in-law had me arrested on false charge and I am going through court with a lawyer as we speak. She had me arrested, claiming that I hit my wife and had me arrested, claiming that I assaulted my wife and in 17 years I have never put my hand on a woman especially not my wife. I'm not sure how my wife was convinced to show the police some bruse and said I pounded her in her chest. She knows that I would never and have never put my hands on her or any other woman. I'm not sure how my wife was convinced to show the police some brews and said I pounded her in her chest. She knows that I would never and have put my hands on a woman in general. That is not in my make. I was alway brought up to treat women the same as I would treat my mother. Well as I'm going through this ordeal the judge gave me a court order not to talk or associate with my wife. So I have had my mother calling over there to request to see my children. She tells me that I ca had my mother calling over there to request to see my children. She tells my mother that I can see my boys whenever I want and just mother that I can see my boys whenever I want and just to text them. Well man I text them in the beginning I used to get responses back but well man I text them in the beginning I used to get responses back but could tell that they were being coached what to say and what not to say. Well known when I text them and tell them I want to see them and to come over I never get a response back. My wife tells my mother that she ask them if they want to come see their dad and they say no. Well my boys and I are very very close and I know that that is not the cas ask them if they want to come see their dad and they say no. Well my boys and I are very very close and I know that that is not the case.
I just don't know what my rights are? I know that I am not allowed on my wife at this time but I also know I'm legally OK to see an associate with my children. I'm not sure what I can do at this point because I don't know what is legal and what isn't? I didn't know if I can go to our local police department and they can get my kids for me or if I can charge her with kidnapping or what I can do? I'm hoping you have some advice for me because I'm really missing my children and I would like to see them. I even my mother asked my wife what their sports schedules or during the week so I could go support my children and watchi add my mother ask my wife what their sports schedules or during the week so I could go support my children and watch them. My wife will not even seem to answer my mothers now or or her voicemails and I really don't know what's going on. But all I know is all their stuff is here at the house, haven't been sure divorce papers and that my wife won't seem to talk to anyone in my family to resolve any issues . I'm just wondering what rights I have now to see my children because what you doing Is illegal. I wanted to know if I could go to my local police department and they could actually get my kids for me? My brother told me the way that she's acting just pulling the kids out of my mother-in-law's house and have them come stay here with me. This is where their bedrooms are in their domain and it's a very safe home . Please let me know if you can help thank you !
Submitted: 6 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
At this point, because of the restraining order you cannot have any contact with her and if she is not allowing communication with the boys, despite what she is telling your mother or anyone, your next step here to get rights to see your children is you are now forced to file in court.
If you have not filed your divorce yet, you must do so and as part of that divorce you would file a motion for a custody/visitation order, which is where the court would set an order in place as to when you can see your children and contact them. You have a right to see your children, but you are going to have to go through the court to get a court order because of that restraining order you have in place on the domestic violence charge you are now fighting. This is your only real legal option in this matter at this point.
The police will not get involved in this because there are no court custody orders. You have to file your divorce and get a custody/visitation order as part of that court petition.

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