What to do if my wife and I are currently separated and going through the divorce processbut she refuses to let me pick up my children or let them stay at my home?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my wife and I are currently separated and going through the divorce processbut she refuses to let me pick up my children or let them stay at my home?

Asked on October 28, 2011 under Family Law, Colorado

Answers:

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

Answered 12 years ago | Contributor

When you say "going through the divorce process" what exactly do you mean?  Where exactly in "the process" are you?  Because what you need to do if your wife will not agree to a temporary order of custody and visitation is to make a motion in the action to request that the court intercede to permit you access to your children which is your right under the law.   She is playing a game using the children and that is the most despicable thing that a parent can do during the divorce process.  Unless she has a good reason that this arrangement is in the best interests of the children - and she needs to prove that to a judge - the situation will get better for you.  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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption