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My ex husband is keeping me from seeing or talking to my

Customer Question
children. How can I fight...
My ex husband is keeping me from seeing or talking to my children. How can I fight back?
Submitted: 5 years ago.Category: Family Law
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Answered in 6 minutes by:
3/1/2012
Family Lawyer: AttorneyTom, Lawyer replied 5 years ago
AttorneyTom
AttorneyTom, Lawyer
Category: Family Law
Satisfied Customers: 9,176
Experience: Attorney
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Hello! Thank you for bringing your question to JustAnswer! I'm T-USA and I'll be happy to provide some valuable information!

I've spent the last several minutes reviewing and researching your question. As you review this answer, please keep in mind that I only get credit for answering your question if you click Accept, so I'd be grateful if you'd do so. You'll still be able to ask follow-up questions using the Reply feature.

I'm very sorry to hear about the situation! I can only imagine how difficult that must be.

When two legal parents separate, they have equal and unlimited rights to children until such a time as a court orders otherwise. This means that neither parent can typically force the other parent to provide access to children for visitation without a court order. However, if a parent wants to visit with children or to establish clearly defined custodial rights, the parent can petition the court for custody/visitation rights and the court can then make a determination regarding those issues. Such a petition is filed at the Clerk of Court's Office. The court will then evaluate the details of the situation to determine, considering every fact relevant to the best interests of the child, what arrangement serves the needs of the child. Upon making such a determination, the court will enter an order according to the child's best interests. As a general rule, unless a parent is absolutely unfit, the parent will generally be entitled to receive some degree of visitation with a child. It's well-established that, absent special circumstances, a child's best interests are served by regular contact with both parents.

It's possible to represent one's self in such matters, but it's much better to retain an attorney, as few people are able to adequately represent themselves due to the complexity of the law and legal procedures. 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. It's important to remember that each attorney sets his/her own prices and each attorney decides which clients to accept and which clients not to accept, meaning that an individual may have to look around a little bit 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.

Links:
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 answer may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I don't get any credit for my time and effort spent answering your question unless you click Accept.

Please use Reply to let me know if you have any other questions!

Thank you again for coming to JustAnswer!
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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