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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My spouse and I are not living together and no divorce has

Customer Question

My spouse and I are not living together and no divorce has been filed.Her and the kids are at her parents we had a verbal agreement that we wouldn't keep each other from seeing the kids,and because I work a lot I could see them any time I could! Now her father contacted the police saying I was unstable ,i had threatened to take away the kids and I had threatened his family this was positively untrue .he called the police and they said to tell me that her father has to supervise my visits with the kids stated and i don't trust him i dont know what hes capable my text message to my spouse that if I didn't get an answer I was going leave work and go to pick up our kids after school that's it. I said that because I had suspected suspicious activities such she had made our kids lie to us about her purchasing illegal prescription drugs ,a secret email account,pass codes to get into our joint bank account were changed.i asked repeatedly over phone and atleast I made 20 text to her phone over2-3days stating I only care about the kids I don't care what your doing as long as no harm comes to our kids and we need to start being honest to each other if we're going to have a healthy friendly relationship in the future for the kids and no answer. I was extremely concerned . Can they keep the kids from seeing me? Is he breaking any laws? Can he legally make himself the mediator?
Submitted: 4 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 4 years ago.

Thank you for your question.

Please permit me to answer your questions in order listed. However, before I do so, please allow me to give you some additional thoughts. If all you state in your facts is coming to pass, it sounds as if you are potentially being set up. Consider retaining counsel, and if at all possible picking up your children yourself from their school or kindergarten--she cannot keep you from the children, and as their father you have exactly the same right to custody as she does--you both have co-equal 50/50 custody until and if there is a court order splitting custody in a different manner.

To answer your questions directly, yes, your spouse (not her father) can keep the children from you. Since you have co-equal custody that I described, both you and your spouse have equal rights, and that means that you cannot force her to give you the children--in essence the one who has the children does not have an obligation to share the children with others. Her father is potentially lying to police if you can prove it, which is tough, as for making himself the mediator, only the courts can do that via court order. Consider stopping constant texting over to your spouse as she may later allege that you were 'harassing' her and seek a restraining order on those grounds---the behavior you described is appearing to go in that direction.

Good luck.