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AttorneyTom
AttorneyTom, Lawyer
Category: Family Law
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My wife who told me she wanted a divorce on 12th July now wont

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My wife who told me she wanted a divorce on 12th July now won't let me see my children unless it's when it works for her. So far most Saturdays I get to see them. Now she is saying they might take a short vacation this Weekend. I have said I want dinner time with this twice if they do decide to go. Her Response was we'll see it's a busy week. I responded that she is violating my rights to not let me see my kids. We haven't even filed papers yet so we are legally married and I don't know what to do.
Hello! I'm very sorry to hear about the situation!

Unfortunately, until and unless there's a court order to the contrary, both parents have equal and unlimited rights to children.
This means that neither parent can force the other to turn over the children for visitation, as neither parent's rights are superior.
Therefore, if one parent refuses to turn children over for visitation, the other parent can petition to establish custody or visitation rights in accordance with the best interests of teh children.
Accordingly, you should immediately take this matter to your attorney to establish visitation rights if you wish to do so. Absent an emergency, such an order typically isn't instant. However, if it can be shown that an emergency exists (such as a parent trying to conceal children, remove them from the state to deprive the other parent of access, etc.), that can provide a basis for an emergency temporary custody order.

I know that this probably isn't entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I hope that you will click accept so that I am paid for my time and effort spent providing this information.
Customer: replied 6 years ago.
So Basically She can keep them from me until She or I file for Divorce and get a order of court to do so? So if she won't let me see them i'm screwed? I am really trying to figure all this out. You have been great both question. I am trying to figure out if i need to find a Attorney cheap tomorrow cause I am unemployed and trying to fight for my kids.
Thanks for your response!

Until and unless there's a court order, one parent has no way to force another to turn children over. This, of course, cuts both ways, regardless of the gender of the parents. Mother, father, each have it the same in this regard.
Basically, without a court order, neither parent can force a change to the status quo.

I would highly recommend that you retain an attorney right now.
Doing so early ensures that you can retain your attorney of choice (as it prevents a conflict of interest from arising if your spouse starts consulting attorneys and happens to consult the one you would otherwise like to retain).
Further, retaining an attorney early will ensure that you have the guidance to make the right decisions as issues arise.

While it's not possible for me to provide direct referrals in this forum, I can provide you with some great resources that you can use to locate an attorney. Lawyers.com and Martindale are great resources. Both of these sites permit you to search for an attorney based on the attorney's field(s) of practice and geographic region. Further, the sites often provide additional information, including links to participating attorneys' websites and, in some cases, reviews of the attorneys. This information can help you to evaluate your potential selections.

Local Legal Clinics are often available for individuals who cannot afford to retain counsel on their own. These clinics provide free/discount services to those in need. Local Lawyer Referral Services are also helpful, as they can direct you to attorneys in your region based on practice area.

Lawyers.com: http://www.Lawyers.com
Martindale: http://www.Martindale.com
Local Legal Clinics: http://www.abanet.org/legalservices/probono/directory.html
Local Lawyer Referral Services: http://www.abanet.org/legalservices/lris/directory

I know that this probably isn't entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I hope that you will click accept so that I am paid for my time and effort spent providing this information.
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