If my wife moved out with the kids and won’t let me see them, what canI do?

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If my wife moved out with the kids and won’t let me see them, what canI do?

I came home the other day after watching a game and my wife and kids were gone. I asked my wife where she was and she said she was sick and going to her mom’s. She has been gone for 12 days and I have seen my 2 kids once for a hour. I have been a stay-at-home dad for over 3 years now and the primary caregiver to my kids. I have no income and my wife will not even give me money for food. She wants me to leave my house and find somewhere else to live. What can I do. Should Ifile for separation before she does?

Asked on September 22, 2011 under Family Law, New York

Answers:

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

Answered 10 years ago | Contributor

You need to seek help here.  You can go down to the Family Court and establish a temporary order of support and custody for you and for the kids.  If you are the one staying at home and the primary caregiver for the children you have the right to do that.  She can not force you out of your home either.  And she certainly can not keep you from the kids.  You need to do this as soon as you possibly can.  Do not delay.  Once the temporary orders are in place you can decide how you wish to deal with your marriage issues (separation or divorce).  The family court only deals with the kids and support.  Good luck to you.


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