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


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

Answered 9 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. 

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