My wife has moved out with our children and is denying me access to them saying she doesn’t have to give me parenting time if there is not a court order.
I do not wish to cause any problems that could potentially damage my child custody case. I do, however, wish to see my children.
How can I get parenting time with my children if I am still legally married and no court orders have been issued?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana divorce laws where I am licensed to practice.
As parents and until there is a further court order, you are both to have legal and physical custody of your children. Unfortunately, until a case is initiated, the court is unable to intervene and grant you the time you are entitled to with your children.
In order to bring the issue before a judge, you would need to initiate a divorce or child custody case. You would then be able to request an emergency hearing on custody and parenting time.
The court would hear evidence as to what would be in the best interests of the children and issue an order as to custody and parenting time.
Then, if the children’s mother continued to interfere with your court-ordered parenting time, you would be able to return to court with a contempt action and the court may punish the children’s mother for her interference and may possibly modify its parenting time or custody orders.
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Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.