Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

My wife and I are going through a separation but we are not

Customer Question
legally seperated. She left our...
My wife and I are going through a separation but we are not legally seperated. She left our house a little over a month ago with my boys and is staying with her parents. Her parents have never liked my family or I because of the difference in money made. My family are very hard-working people and her parents were gifted with a better income. That doesn't bother me because my wife and I have been married 17 years . My mother-in-law had me arrested on false charge and I am going through court with a lawyer as we speak. She had me arrested, claiming that I hit my wife and had me arrested, claiming that I assaulted my wife and in 17 years I have never put my hand on a woman especially not my wife. I'm not sure how my wife was convinced to show the police some bruse and said I pounded her in her chest. She knows that I would never and have never put my hands on her or any other woman. I'm not sure how my wife was convinced to show the police some brews and said I pounded her in her chest. She knows that I would never and have put my hands on a woman in general. That is not in my make. I was alway brought up to treat women the same as I would treat my mother. Well as I'm going through this ordeal the judge gave me a court order not to talk or associate with my wife. So I have had my mother calling over there to request to see my children. She tells me that I ca had my mother calling over there to request to see my children. She tells my mother that I can see my boys whenever I want and just mother that I can see my boys whenever I want and just to text them. Well man I text them in the beginning I used to get responses back but well man I text them in the beginning I used to get responses back but could tell that they were being coached what to say and what not to say. Well known when I text them and tell them I want to see them and to come over I never get a response back. My wife tells my mother that she ask them if they want to come see their dad and they say no. Well my boys and I are very very close and I know that that is not the cas ask them if they want to come see their dad and they say no. Well my boys and I are very very close and I know that that is not the case.
I just don't know what my rights are? I know that I am not allowed on my wife at this time but I also know I'm legally OK to see an associate with my children. I'm not sure what I can do at this point because I don't know what is legal and what isn't? I didn't know if I can go to our local police department and they can get my kids for me or if I can charge her with kidnapping or what I can do? I'm hoping you have some advice for me because I'm really missing my children and I would like to see them. I even my mother asked my wife what their sports schedules or during the week so I could go support my children and watchi add my mother ask my wife what their sports schedules or during the week so I could go support my children and watch them. My wife will not even seem to answer my mothers now or or her voicemails and I really don't know what's going on. But all I know is all their stuff is here at the house, haven't been sure divorce papers and that my wife won't seem to talk to anyone in my family to resolve any issues . I'm just wondering what rights I have now to see my children because what you doing Is illegal. I wanted to know if I could go to my local police department and they could actually get my kids for me? My brother told me the way that she's acting just pulling the kids out of my mother-in-law's house and have them come stay here with me. This is where their bedrooms are in their domain and it's a very safe home . Please let me know if you can help thank you !
Submitted: 1 year ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 14 minutes by:
5/22/2016
Family Lawyer: Law Educator, Esq., Lawyer replied 1 year ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 121,003
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
At this point, because of the restraining order you cannot have any contact with her and if she is not allowing communication with the boys, despite what she is telling your mother or anyone, your next step here to get rights to see your children is you are now forced to file in court.
If you have not filed your divorce yet, you must do so and as part of that divorce you would file a motion for a custody/visitation order, which is where the court would set an order in place as to when you can see your children and contact them. You have a right to see your children, but you are going to have to go through the court to get a court order because of that restraining order you have in place on the domestic violence charge you are now fighting. This is your only real legal option in this matter at this point.
The police will not get involved in this because there are no court custody orders. You have to file your divorce and get a custody/visitation order as part of that court petition.
Ask Your Own Family Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 121,003
121,003 Satisfied Customers
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Husband comitted domestic violence against and was vetbal
Husband comitted domestic violence against and was vetbal abusive to my daughter. He is the only caregiver to our 5 year son would he be able to care for our son if an order of protection is filed aga… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
In 2013 my ex-wife refused to obey a restraining order and
In 2013 my ex-wife refused to obey a restraining order and was in violation. The Guardian Ad Litem and the Visitation center both wrote letters indicating that my ex-wife was not in compliance of the … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
I have a restraining order against my ex husband. These
I have a restraining order against my ex husband. These orders come with monitored visitation. 2 hours on Wednesdays and 4 hours on Saturdays and he is allow a minimum of 2 FaceTime calls per week. He… read more
Sue
Sue
Juris Doctorate
238 satisfied customers
Trying to file a motion I'm thevictim in a domestic violence
trying to file a motion I'm thevictim in a domestic violence case and there are many laws being broken iin this small town court house.. like my right in the state of rhode island speedy trial. the fa… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
121,003 satisfied customers
MY DAUGHTER was served a civil summons domestic violence An
mY DAUGHTER was served a civil summons domestic violence An Ex Parte order was issued against my daughter and she is to appear and answer the complaint. The allegations are false! Questions: Can chara… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,182 satisfied customers
I have a question regarding domestic violence. Hawaii. I
I received a phone call this evening from Hawaii police. My 16 year old sons girlfriend and mother went to the station and made a statement. Now, then want me to bring him down. They said they have to arrest him. That is the extent of my knowledge. … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Is it possible to file a restraining order against my
Is it possible to file a restraining order against my ex-boyfriend even though we have a child together? … read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
I have a question about my case on Domestic Violence. I am
Hi Pearl, my name is***** have a question about my case on Domestic Violence. I am the plaintiff my wife is the defendant. what will I prepare during the Trial? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,244 satisfied customers
My Daughter's fiancé was arrested for domestic violence that
My Daughter's fiancé was arrested for domestic violence that we are certain did not happen. She did not bring charges against him. She had no bruises. Along with a jail sentence (30 days), the judge i… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Can a domestic violence judgemant be overturned with
can a domestic violence judgemant be overturned with evidence that conterdicts everything presented at trial … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My daughter is going to court for domestic violence and her
My daughter is going to court for domestic violence and her ex is free to continue visitation. He claimed he can't support his daughter because he can't work due to his mental issues. He has an anger … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
My wife filed a domestic violence restraining order on me
My wife filed a domestic violence restraining order on me while I was out of town. They lawyer she has is know to do this. I'm not getting a lawyer as of now and would like to know what I need to do t… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I filed a domestic violence restraining order that was
Hello. I filed a domestic violence restraining order that was temporarily approved. However when it came to court, the respondant brought an attorney where I did not bring mine even though I had one o… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,353 satisfied customers
A judge issued a Domestic Violence restraining order
A judge issued a Domestic Violence restraining order prohibiting me from seeing my children. He did so for no reason whatsoever, did not allow a hearing, and such order was not requested by anyone. Th… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I was granted a domestic violence temporary restraining
I was granted a domestic violence temporary restraining order and The restraining order was from one assault alone. Also keep in mind another assault was not included in original request. I did not sh… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,327 satisfied customers
I have been going through a domestic violence divorce for 4
I have been going through a domestic violence divorce for 4 years. I am bifurcated, however, the Maritial Seperation Agreement … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,255 satisfied customers
I am going through a divorce and have a restraining order
I am going through a divorce and have a restraining order against my husband. He is trying to stall the divorce listing my dropping the domestic violence charge as a condition of the divorce. Is this … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,244 satisfied customers
If I have a domestic violence restraining order against my
If I have a domestic violence restraining order against my wife, am I able to contact here even though she is no allowed to contact me? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x