Can I legally see my children before we go to court for child custody? - Child Custody Law Questions and Answers- LawQA.com

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Can I legally see my children before we go to court for child custody?

My wife and I are going through a custody battle. We have yet to see a judge and she has taken the children out of state without my permission. She is not letting me see my children and is now stating that her lawyer is telling her to not let me see them. The court date is not for a few months, is there anything I can do to see my children before then?

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
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Do you have a lawyer yet? If so, you should really tell him or her about the situation. What your wife is doing is objectionable and possibly in violation of standing orders. A local lawyer will know the local rules, and more details necessary to answer your question. That said, you stated there are no orders yet, that means that while there are no orders that you can enforce to make your wife let you see the kids, there are also no court orders saying you cannot see the kids. Or are there? Think carefully, has she filed for any type of restraining order or protective order? Again, if you have a lawyer, he should advise you on this.

Answer Applies to: Texas
Replied: 2/14/2011

Cody and Gonillo, LLP
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You can try going in for an emergency immediate order. Please contact us if you wish to discuss further; we have a free initial consultation. Good luck.

Answer Applies to: Connecticut
Replied: 2/13/2011

Warner Center Law Offices of Donald F. Conviser
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Your issues would best be handled by experienced counsel. Consult with and retain a Family Law Attorney, preferably a Certified Family Law Specialist. You could file an Ex Parte Application, but it may be difficult or impossible to persuade a judicial officer that your situation is the sort of emergency that the Ex Parte process is intended to remedy. It could depend on the particular judicial officer who hears the matter, as well as the quality of the application. If your wife moved the children out of the state after filing the divorce case, or after being served, she would be in contempt of the Automatic Restraining Orders [ATROs] which appear on the back side of the Summons, but filing and serving contempt papers would likely delay other proceedings in your case. Advising the Court that your wife took the children out of the state in violation of the ATROs may be influential in Ex Parte proceedings.

Answer Applies to: California
Replied: 2/13/2011

Answer By Maury Beaulier
Beaulier Law Office
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Without a court order, custody and parenting time become a difficul tug of war. Both parents have equal rights to see the children. Unfortunately, most law enforcement agencies view it as a civil matter. That means the parent who has them in their care has greater rights. You must file for divorce or legal separation immediately. As part of that process you may seek a temporary hearing determining whether the children are returned to their original state. For A free consultation call us.

Answer Applies to: Minnesota
Replied: 2/11/2011

Answer By Paul Zahn
Law Office of L. Paul Zahn
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I think you are in definite need of legal representation. From what you have told me, there doesn't appear to be a reason for it to take several months before a custody order is entered when she is denying you contact. Please contact me for a free consultation.

Answer Applies to: California
Replied: 2/11/2011

Answer By Edward A. Kroll
Edward A. Kroll, Attorney at Law
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If your wife has taken the children out of state, she could very well be in violation of an Oregon law that prohibits moving more than 60 miles away without prior notice. Without seeing the file and the paperwork, it is difficult for me to give to a direct answer, but I believe you would indeed have some recourse here. I would be happy to speak with you further, at your convenience.

Answer Applies to: Oregon
Replied: 2/11/2011

441 Legal Group, Inc.
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Yes you can, unless you pose a threat to your children's safety and well being. What she said about her attorney advising her not to let you see the children may not be true. You need to file the appropriate pleadings with the court to secure visitation.

Answer Applies to: Florida
Replied: 2/11/2011

Froerer and Miles, P.C.
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Unless there's a restraining order or a protective order denying contact with your children, you have the right to see your children. In my state, you could file for a temporary order to determine yours and your wife's temporary rights as to custody, parent time visits, child support, etc. To get a temporary order typically takes 3-4 weeks, rather than months. She may be telling her lawyer that she thinks you'd take the kids if you got a visit. Maybe that's why the lawyer is telling her not to give you any visits(?).

Answer Applies to: Utah
Replied: 2/11/2011

Answer By Dawn DiManna
DiManna Law Office, LLC.
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Depending on what state you are in and she is in, you should go to the court for an ex-parte emergency hearing.

Answer Applies to: New Hampshire
Replied: 2/11/2011

Answer By Diana K. Zilko
Diana K. Zilko, Attorney at Law
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You can file for an emergency order and have a hearing immediately. Children need to have frequent contact with both parents. So if one is keeping the kids away, the other needs to seek a court order for appropriate custody/visitation.

Answer Applies to: California
Replied: 2/11/2011

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