Can my husband prevent me from getting children if the divorce is not final yet? 19 Answers as of July 08, 2013

My divorce/custody situation is not finalized yet. Can my husband prevent me from getting my children or having them stay with me?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
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
Replied: 10/20/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
It depends on whether there are any orders in effect now; you must obey any orders that are in effect until they are modified.
Answer Applies to: Connecticut
Replied: 10/19/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
Is there a current order for custody and parenting time? If so, that is controlling. If not, hire an attorney and get one.
Answer Applies to: Michigan
Replied: 10/19/2011
The Law Office of Cathy R. Cook
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
Replied: 10/19/2011
Law Office of Kathryn L. Hudson
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
Replied: 10/19/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    That depends on facts we don't have. Unless your children do not matter to you, you would have already hired a lawyer. Your lawyer will be familiar with the case and be able to answer you.
    Answer Applies to: Georgia
    Replied: 7/8/2013
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Child placement in a parenting plan is based on the child's best interests. There is not enough information in your question to address this issue.
    Answer Applies to: California
    Replied: 10/19/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    No but you should not represent yourself in court.
    Answer Applies to: Massachusetts
    Replied: 10/18/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    I don't know. You have not provided sufficient information for me to hazard a guess.
    Answer Applies to: New Jersey
    Replied: 10/18/2011
    Beaulier Law Office
    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
    Replied: 10/18/2011
    Law Office of Michael W. Bugni
    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
    Replied: 10/18/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Is there a temporary parenting plan? If yes, look at it.If not, your rights are the same as his, in Washington.
    Answer Applies to: Washington
    Replied: 10/18/2011
    Law Office of James Lentz
    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
    Replied: 10/18/2011
    Coulter's Law
    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
    Replied: 10/18/2011
    John E. Kirchner, Attorney at Law
    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
    Replied: 10/18/2011
    Palomino Law Firm, P.C.
    Palomino Law Firm, P.C. | Debra Palomino
    If there is no order preventing you from getting the children, then neither of you would be violating anything.
    Answer Applies to: Arizona
    Replied: 10/18/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    No, not without a court order.
    Answer Applies to: Wisconsin
    Replied: 10/18/2011
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney