Divorce in progress

[Ikegr]

New York State

My wife and I agreed on filing for divorce which she would not contest, we have a 5 year old son who had been staying with me for 3 months prior due to the fact that she lost her apartment. After having the aforementioned conversation, she decided to take our son on one of her weekly visits with him, and stated that I will not be seeing him until we go to court. Since then I have amended my paperwork to petition for residential custody.

I am longing to see my son, whom I have no information as to whether he is alright as my soon to be ex wife has not returned my phonecalls or text messages.

Is there anything that I can do legally to be able to see my son at once? (I am paying child support)

 

[LdiJ]

New York State

My wife and I agreed on filing for divorce which she would not contest, we have a 5 year old son who had been staying with me for 3 months prior due to the fact that she lost her apartment. After having the aforementioned conversation, she decided to take our son on one of her weekly visits with him, and stated that I will not be seeing him until we go to court. Since then I have amended my paperwork to petition for residential custody.

I am longing to see my son, whom I have no information as to whether he is alright as my soon to be ex wife has not returned my phonecalls or text messages.

Is there anything that I can do legally to be able to see my son at once? (I am paying child support)

No, I am sorry but there is nothing that you can do to be able to legally see your child at once. It has to go through the courts.

Right now both of you have equal legal rights, which unfortunately means that both of you can withhold the child from the other.

The police won't get involved unless there is domestic violence, and any attempt by you to force mom to give the child to you might very well result in one or both of you getting arrested, which would not be in your child's best interest at all.

Clearly mom didn't agree the way that you though she agreed, and its likely that your divorce WILL be contested, at least as far as child custody is concerned.

At this point you probably need an attorney to push for temporary parenting/custody orders ASAP.

 

[mistoffolees]

No, I am sorry but there is nothing that you can do to be able to legally see your child at once. It has to go through the courts.

Yes, it has to go through the courts, but if the mother is preventing him from seeing his child(ren), that's grounds for an emergency hearing.

 

[Ohiogal]

Yes, it has to go through the courts, but if the mother is preventing him from seeing his child(ren), that's grounds for an emergency hearing.

What is the emergency? It is a reason to request TEMPORARY ORDERS. But not emergency orders. He has to prove the child is in danger or otherwise in a situation of emergency.

 

[mistoffolees]

What is the emergency? It is a reason to request TEMPORARY ORDERS. But not emergency orders. He has to prove the child is in danger or otherwise in a situation of emergency.

Maybe it depends on the state, but my attorney told me that if my ex were to keep me from seeing my daughter (she was making the same threats) that we could get an emergency hearing to address the issue.

Sorry if that doesn't apply in his state. I was hoping that it would since his wife says he can not see the child.