Reza Athari & Associates, PLLC | Armand Fried
Legally, if there is no order of the court setting custody or visitation, both of you have equal rights to the child, so no, he can't prevent you from seeing the child. Practically, of course, he can do whatever he can get away with. You need to make a motion asking the court for an interim order of custody and visitation. Most judges take a very dim view of parents who prevent the other side from seeing the children or from excercising custody.
Answer Applies to: Nevada
The Law Office of Cathy R. Cook | Cathy R. Cook
If no court orders have been issued, you and your husband have equal rights to the children. Thus, neither of you can legally keep the children from the other. However, as a practical matter, if he has the children with him and refuses to let you take them, you will need to get a court order to determine what each of your parenting times will be during the divorce.
Answer Applies to: Ohio
Law Office of Kathryn L. Hudson | Kathryn L. Hudson
If there has been no hearing for temporary custody, support, and visitation, you have equal standing as parents and there is nothing preventing your from having your children. When children are involved it best to have an attorney to prevent the loss of custody by agreeing to something that might not have been explained or signing something where all the documents might not have been disclosed.
Answer Applies to: Arkansas
Beaulier Law Office | Maury Beaulier
Depriving one parent of time with the children withut a valid reason can affect the outcome of a custody case. Until there is a court order to the contrary, married parents have an equal right to have the children in their care. Where a divorce is anticipated, the situation can become an untenable tug of war with the children between parents. Moreover, depriving a parent of contact with their children without good cause can be considered by a court when a custody determination is made. In most cases, the children are better served by mediating a custody and parenting schedule until a court can hear the issue as part of a custody, legal separation or divorce case and issue an order based on what it believes to be in the best interests of the children.
Answer Applies to: Minnesota
Law Office of Michael W. Bugni | Jay W. Neff
Do you have a temporary parenting plan in place? The purpose of a temporary parenting plan is to lay the ground rules for how the parents will deal with the children during the pendency of your case. If you don't have one of these, you should consider having a temporary orders hearing and asking the court to enter a temporary parenting plan. This would deal with the sort of problem that you are describing.
Answer Applies to: Washington
Law Office of James Lentz | James Lentz
AS it pertains to your children, from this point forward you must always ask yourself: "What exactly did the Court order?" If the Court ordered you to not see your children for some reason, then you may not. The word of the Court ALWAYS trumps the word of your soon to be ex.
Answer Applies to: Ohio
Coulter's Law | Coulter K. Richardson
At all? In order to prevent a child from staying with you at all, he would need to show that you are a really bad parent (i.e. alcoholism, drug use, child abuse). That is tough to do. Otherwise, it would be a matter of degree. 75/25, 66/33, 60/40, 50/50 etc.
Answer Applies to: New Jersey
John E. Kirchner, Attorney at Law | John Kirchner
If there is no current court order in effect establishing the respective parental rights and obligations, there is no "right" answer to your question. Obviously, if the children are living primarily with him, he has the primary physical control until a court says otherwise.
Answer Applies to: Colorado