Legal Question in Family Law in California
I have a serious situation and a question regarding a child custody issue that I need help with.
First a little background information so you may understand my situation.
My wife left me in July of 2016 and took our two sons aged 2 and 3 with her when she did. She out of the blue said I don't love you anymore, took her things, and our sons and left. I was completely devastated at the time emotionally by this and made every attempt to try to work things out and save our family. She was dictating to me when I could see our sons in the beginning only allowing me to have them when it was convenient to her. I didn't make a big deal out of it because I was still able to see my sons, even if it was not regularly, and I believed that there was still a chance we might work things out. This situation lasted until around September 2016. I found out that she was on a popular online "dating" website, and had been for some time. At that point it was over between us. I told her that since she had intentions of trying to save our marriage, until we could file for divorce I wanted an agreement regarding our sons and the time we each have them. It took a lot of back and forth fighting between us but we did come to an agreement. Since then we both had been keeping to the agreement. Even with the constant insults and fighting back and forth the children haven't been involved or had witness any of it.
That changed this week. She has told me I will never see my sons again. She is keeping my sons from me maliciously out of anger, hatred and spite. She said that a judge has to make her let me see them. She has told me that she will not let me see them unless I have a court order. She has told my sons daycare provider, the grandparents, her co-workers, friends and everyone else who will listen that if I try to contact my sons to call the police. She has told them that I am mentally unstable and will hurt my sons. She has told everyone she fears for her and my sons safety. She has said these same things to me as well. When I point out the fact that these things she is saying are simply false and that there is no basis for any claim that I would hurt her or my sons she changes her story. Then she claims that she isn't letting me see them for fear I will kidnap them and leave the state. Which is also false and without any basis.
There is still no pending case in court for divorce or custody. She has told me on numerous times she has filed for both divorce and custody but every time it is a lie. I do not know why she has said she has but has not. She has made no attempt to file anything with the court to date. I have not filed for divorce for custody because I believe I will require some form of representation and can not afford any. I am unable to work because of medical reasons and am currently in the middle of an extreme financial hardship and she is aware of this. I was able to find a non-profit agency locally that provides legal assistance to people in my financial situation. I do have an appointment but they are very busy and I will not have an initial consultation with anyone until the end of February. I fear that it will be months before anything will happen through the court and in that time she intends to turn my sons against me. To be clear, I am not trying to take them from her, I only want to maintain the
relationship that I have with my sons until there is a dissolution of marriage and a custody order in place.
Is there anything I can do legally in this situation to be able to see my sons? Any advice would be helpful.
Thank you.
1 Answer from Attorneys
I'm always puzzled by people asking what they can do legally when they haven't filed a legal action, since the whole concept of doing something legal about a problem is dependent on going to court. The law only grants relief via a legal proceeding. In a child custody and visitation dispute between married people, you have to file for divorce and ask the court for interim custody and support orders pending a final judgment.