How can you legally see your children again? 27 Answers as of November 07, 2011

My nephew's wife left 6 months ago and took their kids in the middle of the night and won't let him see them. They are still married. What are his rights?

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Law Office of James Bordonaro
Law Office of James Bordonaro | James Albert Bordonaro
He should file a petition to establish custody and visitation (and get divorced). I think he's got a good chance to be considered the primary residential parent due to her denial of visitation.
Answer Applies to: Kansas
Replied: 11/7/2011
Reza Athari & Associates, PLLC | Seth L. Reszko
Your nephew has a right to custody and visitation. He needs to file an action with the Family Court for divorce or at least for custody. Upon filing the complaint, you can also request that the court address immediate issues such as temporary custody, visitation and child support. However, since this occurred six months ago, if your nephew's wife left the State of Nevada, the custody action might have to be heard in the state where the wife now lives.
Answer Applies to: Nevada
Replied: 11/4/2011
Bruning & Associates, PC
Bruning & Associates, PC | Kevin Bruning
Your nephew can file a motion for an emergency order of protection. The mother will be required to bring the children's court and permit your nephew to have visitation with the children.
Answer Applies to: Illinois
Replied: 11/4/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
A father and a mother have equal rights until a court says otherwise. The problem is enforcing these rights since the local authorities do not want to be involved in a domestic issue. The best thing he can do is hire a lawyer.
Answer Applies to: Texas
Replied: 11/3/2011
DiOrio and Sereni LLP
DiOrio and Sereni LLP | Robert M. DiOrio
Your nephew should file a Custody Complaint.
Answer Applies to: Pennsylvania
Replied: 11/2/2011
    Ruiz Law Group, P.C.
    Ruiz Law Group, P.C. | Frances Ruiz
    Your nephew rights are being prejudiced every moment he does not act to make an effort to see his children.
    Answer Applies to: New York
    Replied: 11/2/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    File for legal separation and request visitation.
    Answer Applies to: California
    Replied: 11/2/2011
    Alfred Law Firm
    Alfred Law Firm | Janice Alfred
    He can file for divorce and ask for custody and/or visitation and use evidence of her concealing the children from him against her. Or if he is not ready to file for divorce, he can petition the court for custody and/or visitation. Note that, in both of these proceedings the court will also determine the parties' child support obligations.
    Answer Applies to: Georgia
    Replied: 11/2/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    To enforce any sort of rights that your nephew may have, he is going to have to get into court. As a practical matter, probably the easiest way to do that is through a divorce action. I am a little concerned, however, about the mother leaving with the children in the middle of the night. It makes is sound like something was going on, either with your nephew or with the mom. Whatever issues exist between your nephew and the mother may affect what rights he has, if any.
    Answer Applies to: Washington
    Replied: 11/2/2011
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    Your nephew should make an application for child custody and visitation to the local family court. With a judge's order, your nephew's wife is legally required to allow your nephew to take or at least spend time with his children. This should be done as soon as possible. It is best to contact a lawyer, like myself, who handles family court cases to prepare these documents and help expedite the hearing and allow your nephew to see his kids as soon as possible.
    Answer Applies to: New York
    Replied: 11/2/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    He has just as much right to the children as the mother. However, if it's clear that the parties are separating, it would be best if he files for divorce and asks for custody and parenting time; otherwise they will be in limbo where they will legally have equal custodial rights but as a practical matter there is nothing he can do to see the kids unless they get into a "snatching match."
    Answer Applies to: Georgia
    Replied: 11/2/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    His rights are to hire an attorney and seek access to the children as part of the divorce he should be filing.
    Answer Applies to: Georgia
    Replied: 11/2/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    Your nephew can obtain the legal right to see his children only upon an application to the court to do so. Waiting six months is very detrimental, but that obstacle can be overcome. There should be no time wasted in making the application to the court, or it is going to further appear to the court that your Nephew has no interest in their children, then he may be hard pressed to have a relationship with the children. When you are dealing with children, competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life!
    Answer Applies to: California
    Replied: 11/2/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    You should file for a divorce and get a court order.
    Answer Applies to: Michigan
    Replied: 11/2/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    They both have equal rights to see and spend time with the children. She cannot stop him. However, the only one who can enforce his rights and make her permit him to see the children is a Judge. He needs to file for divorce in order to give a judge jurisdiction over the matter to make the determination of how the time with the children should be shared between the two parents.
    Answer Applies to: Florida
    Replied: 11/2/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    If they are not going to reconcile (and it doesn't sound that way,) he needs to file a Petition for Dissolution of Marriage, and once that is filed, file a Motion for temporary time-sharing/visitation with the children. His wife is not doing herself or the children any favors by denying him time with his children, as courts do not look kindly upon that type of behavior.
    Answer Applies to: Florida
    Replied: 11/2/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    The same as hers until an order is in place. He should file for divorce or legal separtion and get temporary orders in place.
    Answer Applies to: Washington
    Replied: 11/2/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    He has the right to go to the Family Part at the county courthouse in his county and file for custody/visitation. He should hire an attorney.
    Answer Applies to: New Jersey
    Replied: 11/2/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    He has the right to file for divorce and have the divorce court decide how to allocate parental responsibilities and obligations.
    Answer Applies to: Colorado
    Replied: 11/1/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    In any action for divorce, legal separation or custody, a court will make custody and parenting time decisions based on what it believes to be in the best interests of the children. Your nephew should immediately commence such an action and file a Motion for Temporary Relief while pending a final outcome.
    Answer Applies to: Minnesota
    Replied: 11/1/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    If there is not a court order in place he has every right to see his children. Parents have equal rights, the mother does not have any more rights over the father and the father doesn't have any less rights or any more rights than the mother.
    Answer Applies to: Illinois
    Replied: 11/1/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    He needs a lawyer. A complaint needs to be filed with the court and a hearing had before a judge.
    Answer Applies to: Massachusetts
    Replied: 11/1/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    The children have a right to see their father. Your nephew should hire a skilled family law attorney to assist in filing a petition for divorce and an ex parte order for custody and visitation with the children.
    Answer Applies to: California
    Replied: 11/1/2011
    Law Offices of Laurie Peters
    Law Offices of Laurie Peters | Laurie Peters
    He has the same legal rights to the children that she has.
    Answer Applies to: California
    Replied: 11/1/2011
    Schwartz & Krysinski, LLP
    Schwartz & Krysinski, LLP | Howard A. Schwartz
    Your nephew should run to Family Court and file a petition for custody and/or visitation. Unless there is some problem which was not mentioned in the question, he should have the right to have some type of visitation with his children.
    Answer Applies to: New York
    Replied: 11/1/2011
    Law Office of Joseph M. Rameaka
    Law Office of Joseph M. Rameaka | Carol L. Ricker, Esq.
    Your nephew has every right to see his children as long as he is not under a restraining order enjoining him from contact with them. He has a right to file for custody and visitation of the minor children.
    Answer Applies to: Rhode Island
    Replied: 11/1/2011
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