How can I make my wife from whom I am separated with let me have my kids 50% of the time? 11 Answers as of July 31, 2013

Also, how do I get her to pay me the equity in my house?

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
If you are legally separated you can reach an agreement about marketing the home, or about her seeking to refinance and pay you off, and have it incorporated in a court order. Or if you cannot reach agreement, you can move the Court to order the property sold and the equity divided.
Answer Applies to: Wisconsin
Replied: 7/31/2013
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
This depends on the law of the State where you live.
Answer Applies to: New Jersey
Replied: 7/25/2013
John Russo | John Russo
By filing for divorce and requesting from the court whatever relief you are looking for.
Answer Applies to: Rhode Island
Replied: 7/24/2013
Law Office of Annette M. Cox, PLLC
Law Office of Annette M. Cox, PLLC | Annette M. Cox
If you are legally separated and you were awarded equal time with your children, then you can file a petition to enforce or for contempt for her failure to follow court orders. If no court order regarding your separation (or divorce) have been entered, then you will need to file. In that initial petition, you can request to be awarded equal time with your children as well as address the issues with the house.
Answer Applies to: Arizona
Replied: 7/24/2013
Diane l. Berger | Diane L. Berger
You can't 'make' your wife do anything. I would suggest you file an action in the Court asking for joint custody of your children and an equitable division of the property acquired during the marriage.
Answer Applies to: Nebraska
Replied: 7/24/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Get and attorney and take here to court if she is not complying with a court order. If there is no action filed, file for divorce or separate maintenance and for a custody order.
    Answer Applies to: Michigan
    Replied: 7/24/2013
    Ronald Main & Associates | Tracian M. Laignel
    Once you file for divorce there will be a temporary order put into place that will establish visitation at that moment in time. It is not permanent. In the temporary order request that you see the kids 50% of the time. I advise you do retain an attorney so that once the divorce is finalized you do receive half of the equity in the home as well as visitation of the children at 50% of the time.
    Answer Applies to: Oklahoma
    Replied: 7/24/2013
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    You need an attorney and court intervention. Don't try to do this without an attorney when your children are involved.
    Answer Applies to: California
    Replied: 7/24/2013
    The Law Offices of Mandy J. McKellar
    The Law Offices of Mandy J. McKellar | Mandy J. McKellar
    You will need to file an action in Court for temporary orders.
    Answer Applies to: Nevada
    Replied: 7/24/2013
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    These issues can only be "forced" if you file for divorce. You cannot "make" her do anything if no court action is filed.
    Answer Applies to: Georgia
    Replied: 7/24/2013
    Ernest DuBose
    Ernest DuBose | Ernest DuBose
    You need to file for a divorce on the issue with the house and file a petition for visitation on the issue of visitation in the family courts.
    Answer Applies to: New York
    Replied: 7/24/2013
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