Before the mediation begins for our divorce and child support, can my wife legally keep my children from me?

The divorce paperwork has been filed and mediation is scheduled for next month.; no temporary court order for child placement has been set. The mother of my children is now saying that I can’t see my kids. What are my legal rights? I do not

have the money for a lawyer.

Asked on August 27, 2018 under Family Law, New Hampshire


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You really should have legal repsentation for this. Since money is an issue, you can check with if Legal Aid to see if they can help you. If not, see if there is a law school in your area as many run legal clinics that take clients for free/reduced fees. Also, you can contact your local county/state bar association and ask if it has a list of attorneys who will represent clients "pro bono" (i.e. for free). Finally, you can file yourself as each state has an on-line website that contains information for doing so.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Please go to the court and ask if there is free legal help for those who are unrepresented.  Generally there is and you need to get it asap.  The family court may also be able to help with information.  No, your wife can not keep the kids from you.  You need to make demands of her in writing (nicely, of course) and send no nasty texts or make no nasty calls. You can do this via email and text, just keep copies.  But send her a letter proposing visitation schedule asap and if she refuses, tell the mediator she is alienating the children from you.  There are motions that can be made but the procedure in NH is unknown to me.  Please get help. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.