What to do if I’m in the midst of a divorce and my husband won’t let me see or contact our children?

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What to do if I’m in the midst of a divorce and my husband won’t let me see or contact our children?

I have temporarily left my place of residence. My children still reside there and I am being prohibited, by the father, to speak or see my children. I have been able to contact them in the past, but due to some unknown reason to me, the father is now not allowing me to contact them. What can I do to legally, without any repurcussions on my behalf, see my children? I have not abandoned them, I have spoken with them several times, they know where I am and I talked to them as often as I could. What can I do?

Asked on November 12, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 9 years ago | Contributor

Are you already in the divorce process--there is a case filed?  If so is there already a custody order?  If there is a custody order and he is blocking your custodial time--then you need to bring a motion for contempt.  If there is not yet a custody order you need to get one.  Under the current circumstances you have good cause to get an emergency mediation date--getting a custody order faster. 

You really need to talk to a family law/divorce attorney about these issues.  If you have an attorney already, I would suggest getting a new one as they must not be communicating well if you are asking this question here.

Best of luck.


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