2007-03-20 16:10:08 · 19 answers · asked by Cougars3 1 in Family & Relationships ➔ Marriage & Divorce
You need to file for an emergency hearing. This definitely qualifies for one. The judge will order her to let you see your kids. She doesn't have the right to use your children to punish you for your "misdeeds". It also is not fair to your children.
2007-03-20 16:30:38 · answer #1 · answered by lcmcpa 7 · 1⤊ 0⤋
Depends on the state you live in, but it should be universal in the US. In my state the mother has no choice on whether she can let you see the child. Unless you have an order of protection on you or something to that affect. Otherwise you should go to court and have her subpoenaed and the judge will have a mediator figure out with the 2 of you which days she has to let you see your child. Then the order will go to the judge and he will decide and place it in order for so many years. When I separated I had to go through divorce classes, to show how the children are affected during separation. She sounds like she needs those classes. By the way, I had and have sole custody of my child and still was forced to let him see my child when she was too young to choose. Child support does not decide the visitation. They are 2 seperate things...a judge I'm sure will tell you. So if she don't let you see your child you can not with hold child support. Or if you with hold child support she can not keep you from your child. But then like I said it depends on the state. A lawyer isn't necessary unless she has one and unless you're getting divorced. Your rights are your rights and the judge knows your rights. Good luck.
2007-03-20 23:16:19 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You need to file for an emergency custody hearing.
Document every time you seek parenting time, and seek to have 50% or more time with your child.
If you have left the marital home, then move back in unless there is a court order saying you cannot stay there.
If your wife has moved your child out of the marital home, seek to have the child returned to the home. If it is your wife changing things in the childs life and she will not negotiate in good faith with you, seek an emergency court order and bring your evidence that she is interfering with your parenting of the child.
If you are in a romantic relationship with anyone other than your wife, end that relationship NOW.
If your wife is in a relationship, document all you can so that you can demonstrate that her actions were not in the best interests of the child, but only to serve her selfish romantic desires.
Make it clear to the judge that while you don't agree with infidelity and that it sends a bad message to your children, you understand that you cannot keep her against her will. So she is free to pursue her paramoor, but you don't want your childrens life to change too much.
So if the children have been taken from the home, you want them back in their home. You want child support to assist you in raising your children as the primary custodian.
Indicate that you are willing to grant generous parenting time to her, but if she is in an affair, you do not want your children exposed to overnight guests of the opposite sex during her parenting time.
2007-03-20 23:22:31 · answer #3 · answered by camys_daddy 5 · 1⤊ 0⤋
Unless you have an agreement, which if you're separated I'm betting you don't, you are out in the cold until the courts decide. Get a lawyer. Get a temporary custody agreement. You should try to talk to her and find out why. Maybe she has some concerns that you're not aware of. (Where you're staying, who you're staying with, are you drinking, doing drugs, etc.) If none of this applies she's just using this to get under your skin. If her concerns are valid, be an adult and change the situation.
Don't get into the game of using the kids with her, kids come first!
Good luck :)
2007-03-20 23:19:42 · answer #4 · answered by oracleofohio 7 · 0⤊ 0⤋
Depends on the laws of your state and the existing court orders, if any. Also may depend on whether there are abuse allegations. In many jurisdictions, you can proceed through the courts to set reasonable visitation orders through either separation or dissolution. You may want to consult with an attorney in your area to determine your best course of action
2007-03-20 23:15:58 · answer #5 · answered by Anonymous · 1⤊ 0⤋
I'm afraid you'll have to get a lawyer and force her to comply with weekend visits. It has to be set up legally or through the court since she refuses visiting rights.
2007-03-20 23:14:19 · answer #6 · answered by Anonymous · 0⤊ 1⤋
get a good lawyer and prove to the courts that you are a good person (if you are!) a good thing to have is a steady income, home, car, etc. if she doenst have any of these, then take her for all she has and use it against her. believe me, in the beginning they act like they are still your friend, but they will betray you in the end. do what you can to get every last bit of time with your child. everyother weekend isnt enough trust me.
2007-03-20 23:14:18 · answer #7 · answered by sainten 1 · 0⤊ 1⤋
ok legally or not legally seperated you deserve vistation with your children hands down..take her to court..either enforce the seperation order OR get a seperation order..The way she acts during this time will help the judge decide who should have custody of the children and normally it would be the one who is in the best interest of the child who is going to foster the relationship between the child and the non-custodial parent...If you were in the middle of a divorce should would be on warning that she will loose custody if she continues that behavior....
Got to court.. have it enforced...children are not weapons...she doesnt see that yet
2007-03-20 23:15:43 · answer #8 · answered by giveu2tictacs 5 · 0⤊ 1⤋
If you were granted those visits by a court of law, then she could be in big trouble if she doesn't abide. Talk to your lawyer. You have a right to see your children.
2007-03-20 23:14:16 · answer #9 · answered by sugarbud 3 · 2⤊ 0⤋
You have the right to petiton the court for an order of temporary visitation. Go do it!
2007-03-20 23:30:14 · answer #10 · answered by kp 7 · 0⤊ 0⤋