Legal Question in Family Law in California
Visitation with Children - divorce not even started
I am not living at home right now and have my own place. Wife and I are considering a divorce but currently have agreed to stay apart until we decide. I've been out for 6 weeks. She has allowed me to take my children (13, 11 and 6) to dinner 2 x. She won't let me have any other visitation and puts stringent rules on them even being allowed to talk to me. Many more things that are wrong on her part that I won't even go into. They are with their grandparents often and they too will not take my calls or anything. My son hung up on me the other day when his grandmother found out he was talking to me.
How do I go about getting visitation with my kids now, pending our decision on what we will do? Wife states I will not see my kids nor will they be allowed to have weekends with me until a court hearing. Can she do this? What can I do? Please help I just want to know my rights.
PS. Have been with my children since birth. Oldest is 13 and have been married for 14 years.
2 Answers from Attorneys
Re: Visitation with Children - divorce not even started
You should not be treated this way if you are the loving father you indicate. Your kids are also yours, not just your wife's. You have to decide now what the next step is because this could become a big issue for you.
I am happy to discuss this further and understand your anger and frustration. Call me at your earliest convenience.
JDH
Re: Visitation with Children - divorce not even started
Document everything, so when you file ask for primary custody. Contact me directly.
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