What can I do if my wife is keeping my child from me? 1 Answers as of March 09, 2011

My wife and I are separated and she has moved in with another man. We are in the beginning of a divorce and have yet to file for custody of our daughter. My wife has since moved out and when we meet so that she could have time with our daughter, she never picks up her calls, doesn't answer messages and has her for extended periods of time without letting me know that I won't see my daughter. This is not the first time. My concern is with the other man she is with and not knowing or even hearing our child's voice to make sure she is safe. What steps should I take to prevent this from turning into a child abduction?

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Rhonda R. Werner Schultz, PL
Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
If there are no court orders in place establishing timesharing/custody of your daughter, then there is no reason you cannot pick her up whenever you want to. Go to her school or daycare and pick her up there whenever you would like to see her. You have just as much right to have your child with you as your Wife. Unless you believe your Wife will "kidnap" or conceal the child from you, you do not have a lot of recourse, but can file a motion for emergency temporary relief and request an emergency temporary hearing to determine a timesharing arrangement from the court. What your Wife is doing is frowned upon by most judges. When you get to court the fact that she is refusing you access to the child will be carefully considered by the judge in making a decision about timesharing/custody.
Answer Applies to: Wisconsin
Replied: 3/9/2011
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