Legal Question in Family Law in California
divorce and child visitation
I have been separated from my wife for 2 years but we have a child of 2 and one of 1. I want to know if I get into a new relationship can she do something to hurt me. I mean can I go to jail if I decided to live with my girlfriend. We've been together for 2 years now and I dont know if she could send me to jail. We still married.and since she lives with the children she wont let me see them. If there anything I can do to force her to let me see them immediately. She would let me see them whenever she wants.I mean I know I have to do something legally, but can she really hide them from me. There is no backup for me? I am barely paying child support, but for the past 4 months I havent because I dont earn enough money. My real question is if I decided to live with my girlfriend can she do something against me. And if she can not let me see them even if there nothing in process in the court. I mean like even if I dont have a legal paper can I still see them even if she doesnt want to.
1 Answer from Attorneys
Re: divorce and child visitation
You have a right to see your children regardless of whether you have been paying child support. And just because the kids live with her doesn't mean she can decide whether you can see them or not.
You need to file an Order to Show Cause in court requesting visitation. There is no way a judge is going to let your ex-wife dictate whether you can see the kids unless you are a bad person.
Additionally, you can live with your girlfriend if you want without consequence, even if you are still married to your wife. Not the best situation, but not illegal. She can't send you to jail. Just don't get married again until your first marriage is dissolved. Get a judgment of dissolution before you get married again.
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