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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My wife and I were in an argument and then took my son with

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My wife and I were in an argument and then took my son with her. What is my right to see my child?

Dear JACUSTOMER - Each parent has an equal right to their children so you certainly have a right to see him. the problem is that if you don't have a court order you have noting to enforce and the police will not help since she has done nothing illegal.

You can file an action in the family court for divorce or legal separation and ask the court to issue a temporary order for visitation and/or custody. Unless you get a court order you have nothing to use to force her to allow you access to your son.

You can try to call the police to see if they will accept charges of parental kidnapping but my experience has been that they will just tell you it is a civil matter and that you need to file in the family law court.

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