Is there anything I can do to get my child at home? 26 Answers as of May 22, 2013

My wife left me. Now she lives at her moms and step dad’s. She is only been gone for 25 days. She is with a guy that has been in and out of prison. He also has an ankle monitor. She is ignoring me and she does not talk to me. She keeps making excuses why she does not come over and talk about our child. I want to work it out with her to keep our family together.

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Law Office of Melvin Franke | Melvin Franke
It takes two to make a marriage, it takes one to make a divorce. She doesn't want to be with you, hire a good divorce lawyer.
Answer Applies to: Missouri
Replied: 9/13/2012
Lombardi Law LLC
Lombardi Law LLC | SUZANNE LOMBARDI
You can't work with someone who refuses to work with you. If she wants to leave the home that is her prerogative. Your best alternative based on the few facts in your e-mail would be to file for custody so that you have the custody rights that you deserve. An attorney can help you with this and also help if you are just trying to open up the lines of communication.
Answer Applies to: Alaska
Replied: 9/12/2012
The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
You cannot force your wife to work on your marriage. You can file for legal separation or divorce and seek an order to have regular parenting time with your chid.
Answer Applies to: Ohio
Replied: 9/12/2012
Hamblin Law Office | Sally Hamblin
Forget trying to work it out since she refuses to talk. File for custody.
Answer Applies to: Michigan
Replied: 9/10/2012
Law Office of Margaret D. Wilson
Law Office of Margaret D. Wilson | Margaret Wilson
First, keeping your family together is not just up to you. In fact, it can hurt you if you press the subject because it might make you look like a stalker. Most attorney's will tell you to file for legal separation, which clearly isn't what you want to do. So, if you don't want a divorce or to be legally separated you can file a Petition for Custody and Support of Minor Children. When there are no custody orders either parent can take the child and have them around whomever they want.
Answer Applies to: California
Replied: 9/10/2012
    John Russo | John Russo
    Been doing this a long time; It is not happening the writing is on the wall worry about your child. If what you are alleging is factual you need to move sooner rather then later. Talk to a good divorce lawyer, not just a lawyer, and don't even start about the money, this is your child. I do not know where you live but here in RI this is what I would do. File for divorce, as part of your divorce petition file an emergency Motion for Ex-Parte relief, e.g. you want the child placed with you on a temporary bases. Don't worry, again if this factual the child will end up with you permeant. In the motion you want to convince the court that the child is in danger, explain tell a story, she left, will not talk to you, she is keeping the child away, SHE IS LIVING WITH A BADDDDDDD MAN HE IS ON AN ANKLE BRACELET, play it up, you are in fear for your child's well being. Trust me; She will being doing worse to you very shortly if you don't listen. Hire a lawyer fast.
    Answer Applies to: Rhode Island
    Replied: 9/10/2012
    Steven Alpers | Steven Alpers
    You probably cannot get her back, but file for dissolution and custody.
    Answer Applies to: California
    Replied: 9/10/2012
    Havens Law, LLC
    Havens Law, LLC | William Havens Nebeker
    Yes! As a Father you have a constitutional right to the care and management of your child, shared only by your wife. Your wife seems to be in violation of the law since she is depriving you of your right to the care and management of your child (which includes custody). She also seems to be impeding the best interests of your child by not supplying a good environment, exposing your child to a man convicted of a crime and denying your child access to you which the child has a right to enjoy your presence in its life. What to do? File a Motion with the Court for Custody. Let the Court hear these facts. The Court will determine what is in the child's best interests and award accordingly. Since you want to stay with your wife, you need not file for Divorce. You can file for Separate Maintenance instead of Divorce. Separate Maintenance actions contemplate the spouses getting back together. It is a way to show her you are serious about being apart of your child's life and hers.
    Answer Applies to: Utah
    Replied: 9/10/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You should file for divorce and immediate custody orders.
    Answer Applies to: California
    Replied: 9/9/2012
    Law Office of Angela M. Riccio | Angela M. Riccio
    You certainly have legal options relative to your request to a court to grant you custody. I would suggest you contact an attorney to learn about those options in relation to the circumstances as you describe them. In particular, if you believe your child is in danger living with the people you describe there are agencies you can contact for assistance.
    Answer Applies to: Illinois
    Replied: 9/9/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    If your wife will not cooperate with you, there is little choice but to get the courts involved. This would probably mean filing a complaint for divorce. In that process a decision would be made as to custody, child support and parenting time. If your wife is making bad choices, you would have a basis to ask the court to award primary custody to you. While this is a drastic step and it sounds like you want to keep your family together, remember it will take the both of you making a commitment to keep your family together. Beyond that, you are your daughter's father and have as much right to her as your wife does. You could go and pick her up and take her home. You don't need your wife's permission to do that.
    Answer Applies to: Michigan
    Replied: 9/9/2012
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    You can file for a custody order, asking the court to award you custody of your child.
    Answer Applies to: California
    Replied: 9/9/2012
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    OK...let's consider the options given these facts: 1) your wife has been out of your house for a month; 2) She took your child with her; 3) You have not seen your child in a month; 4) Your wife is not talking to you, and will thus not discuss your child; 5) Likely the step parents are paying wife's living expenses and like having the grandchild around; 6) Babysitting is free while wife is with boyfriend 7) You know nothing about the boyfriend except that he was in prison and wears a device to limit where he can go. He could be a child molester for all you know. Option One: Do nothing. Is there anything in any of the facts to lead you to believe that wife will return home or will permit you to see child with option one? I don't see anything. Option Two: See a lawyer. By seeing a lawyer you will get all of your other options and can plan for the future. In Ohio, a lawyer can arrange for divorce, forced conciliation, visitation and host of other remedies. Your call.
    Answer Applies to: Ohio
    Replied: 9/7/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    No.
    Answer Applies to: Michigan
    Replied: 5/22/2013
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    File an action with the court seeking custody.
    Answer Applies to: New Jersey
    Replied: 9/7/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    File for divorce and custody NOW. Sometimes that opens the communications channels, otherwise it would have been the ultimate result anyway. The longer you wait, the harder it gets. See and attorney and get going.
    Answer Applies to: Michigan
    Replied: 9/7/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    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 withtheir 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: 9/7/2012
    Law Office of Lynda H. LeBlanc
    Law Office of Lynda H. LeBlanc | Lynda Leblanc
    If you are married and there is not a divorce pending and custody order in place, then you and your wife both have equal rights to your child. Unfortunetly, the police will most likely tell you that it is a civil matter and deal with it through the courts. However, if she absolutely refuses to return the child to you or let you see the child, she may be in danger of parental kidnapping charges. I suggest that you call or go down to the local police department and ask what they can do for you. Your other option is to file for divorce and ask for custody. Good luck.
    Answer Applies to: Indiana
    Replied: 9/7/2012
    Law Office of Gregory Crain | Gregory Crain
    File for divorce and custody.
    Answer Applies to: Arkansas
    Replied: 9/7/2012
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    You may need to change your goals if your wife is already with another man and unwilling to deal with you. It might be in your best interests to file a Divorce case and seek Child Custody and Visitation rights. You would best retain, or at least consult, an experienced local Family Law Attorney.
    Answer Applies to: California
    Replied: 9/7/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You have as many rights to your child as she does. Go get your child.
    Answer Applies to: Washington
    Replied: 9/7/2012
    Rebecca Rainwater
    Rebecca Rainwater | Rebecca Rainwater
    You can file for custody. You can ask for joint custody and you and the mother share the child. You can seek joint physical custody with your as the primary and the mother have every other weekend or some other agreed upon time. Or, you can seek sole custody but you would need to show the court why it is in the best interest of the child. Having sole custody would allow the child to reside in your home but would have visits with mother but no overnight stays.
    Answer Applies to: California
    Replied: 9/7/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    If cannot convince her to do what is necessary to save your marriage, your only option is to file for divorce. As part of the divorce case a parenting plan to spell out each parent's rights and responsibilities will be required. Until there is a court ordered parenting plan, there isn't much else you can do.
    Answer Applies to: Colorado
    Replied: 9/7/2012
    Victor Varga | Victor Varga
    You can't force your wife to have a relationship with you, but you have rights to a relationship with your child. File for custody with the court and argue that it's in the child's best interest to be with you.
    Answer Applies to: Maryland
    Replied: 9/7/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Unfortunately there is no way to force her to talk to you and work it out. If you want custody of the children because of her situation you would need to file for divorce.
    Answer Applies to: Georgia
    Replied: 9/7/2012
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