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My wife served me with divorce papers yesterday. I want to…

My wife served me...

My wife served me with divorce papers yesterday. I want to pick up my child this weekend to spend time and she is refusing to allow me to come get her. She also said I am not allowed to contact her at all during the process of our divorce. Is that true? I cannot contact her to ask to see my daughter?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Not yet, I just received the divorce papers yesterday

Lawyer's Assistant: Family law varies by state. What state are you in?

California

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There is also no temp order in place, she accused me of domestic violence and wasn't granted a temp order

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Answered in 5 minutes by:
3/23/2018
Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 4 months ago
thank you
Customer reply replied 4 months ago
i do not want a live call

The phone call request is actually auto generated by the site, so please feel free to disregard it if it's not something you're interested in right now.

I'm typing up your answer now, thanks!

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Customer reply replied 4 months ago
oh alright, thank you

No, that is not factually correct.

You do not have to refrain from seeing or speaking to your wife or children if there is not a protective injunction in place.

You do have a right to visit with your children, unfortunately without a temporary custody and visitation order from the judge, there is not anything that police officers can do to enforce visitation with your children.

Since she is the biological parent, the police cannot take action without a court order.

The same applies to you, if the children were to be in your care, she also could not force action without a court order.

Custody is something that the judge will have to rule on in a more permanent manner during the course of your divorce proceedings, but in the meantime you can petition the court for a temporary order to ensure that you do get to see your children, and that your wife cannot get in the way or deny you access.

You'll need to go to the Clerk of Courts office at your local courthouse to obtain the paperwork for a temporary custody/ visitation order.

Thee clerks should be able to help you with getting the forms filed and getting a hearing date set.

You should consider hiring a family lawyer to represent you in this process. The lawyer can draft all of the necessary motions on your behalf, and make every effort to protect your interests in the upcoming divorce and custody battles.

You can contact the California State Bar for a referral to a divorce lawyer in your area.

The phone number is:

866-44-CA-LAW(###) ###-####

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 4 months ago
thank you so much.

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

Don't forget to rate so I can be credited for my time and help with your question, thanks!

Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
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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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