Family Law Questions? Ask a Family Lawyer Online.
Hi - my name is ***** ***** I'll be glad to assist.
Are you in the middle of a divorce?
If there is no court order in place, then each of you would have the right to your children.....so you take your children as you please; but the converse to that is your spouse could do the same thing.
The only issue you may face is if you go onto property where you don't have permission to be.....you could be charged with trespassing.
The best thing you could do is file for divorce and get a custody order (even if it is a temporary order) so you don't have an issue of custody going forward.
You having the children should help your claim for custody -- not hurt it.
If he has filed, then you could go straight to seeking a custody order......instead of filing first.
But, if he's filed, you'd likely know it because he'd need to serve you with process.
Thanks for your question and please let me know if you need anything further.
Hi - it could work against you if you're charged with trespassing, etc. If you meet resistance to recovering the children, the best thing you can do is file the divorce and your request for temporary custody instead of getting into a trespassing situation.
If he has filed for divorce, it is possible that he's also filed a motion for temporary custody, etc.....but unless you'v been served with a notice and given an opportunity to respond, nothing should occur --- so you should have an ability to respond to any petition or motion before the court takes action (it is possible for a court to act without notice to you, but that is in rare and emergency situations.....so that's not likely).
Hi - I was checking in to see if you need anything further. If so, please let me know. If not, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!