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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31766
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My husband is refusing to give my children back after a week

Customer Question

My husband is refusing to give my children back after a week long visit. Is it ok if I take them if no custody order is in place?
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Are you in the middle of a divorce?

Customer: replied 1 year ago.
Nothing has been filed yet.
Expert:  Roger replied 1 year ago.

Ok. Thanks.

If there is no court order in place, then each of you would have the right to your children.....so you take your children as you please; but the converse to that is your spouse could do the same thing.

Expert:  Roger replied 1 year ago.

The only issue you may face is if you go onto property where you don't have permission to be.....you could be charged with trespassing.

Expert:  Roger replied 1 year ago.

The best thing you could do is file for divorce and get a custody order (even if it is a temporary order) so you don't have an issue of custody going forward.

Customer: replied 1 year ago.
When I file for divorce will it jeopordize my custody case in any way if I take my kids from him?
Customer: replied 1 year ago.
Also, what if he has filed without me knowing yet.
Expert:  Roger replied 1 year ago.

You having the children should help your claim for custody -- not hurt it.

Expert:  Roger replied 1 year ago.

If he has filed, then you could go straight to seeking a custody order......instead of filing first.

Expert:  Roger replied 1 year ago.

But, if he's filed, you'd likely know it because he'd need to serve you with process.

Expert:  Roger replied 1 year ago.

Thanks for your question and please let me know if you need anything further.

Customer: replied 1 year ago.
if I'm charged with trespassing will that have a negative effect on my custody and if he has already filed for divorce and custody is it possible he could be awarded temporary custody and I won't be able to see my kids?
Customer: replied 1 year ago.
Roger, not sure if my last question went through. If I take my lids from his house and I'm charged with trespassing, could that jeopardize my custody case. Also, if he filled for divorce as recent as yesterday is it not possible that he filed for custody too? Can he be awarded temporary custody and not allow me to see my kids?
Expert:  Roger replied 1 year ago.

Hi - it could work against you if you're charged with trespassing, etc. If you meet resistance to recovering the children, the best thing you can do is file the divorce and your request for temporary custody instead of getting into a trespassing situation.

Expert:  Roger replied 1 year ago.

If he has filed for divorce, it is possible that he's also filed a motion for temporary custody, etc.....but unless you'v been served with a notice and given an opportunity to respond, nothing should occur --- so you should have an ability to respond to any petition or motion before the court takes action (it is possible for a court to act without notice to you, but that is in rare and emergency situations.....so that's not likely).

Expert:  Roger replied 1 year ago.

Hi - I was checking in to see if you need anything further. If so, please let me know. If not, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!