wife and kids are gone out of state

[hurtingdad]

What is the name of your state (only U.S. law)? WA

My wife and I had a big fight after 5 day of not talking to me, during the conversation my emotions got to me and I said something about shooting myself. This was more of a "Bluff/Threat" to try and get her to talk to me.

The next day I went to work, when I got home everyone was gone. Five minutes later the Sheriff shows up for a wellness check.
I was involuntarily admitted to the hospital, but was released within hours and deemed not to be a threat to myself or others.
My wife fled the state and will not allow me to talk to or see my children.
They have also placed an order of protection against me.

I never threatened anyone else in the house, and the threat that I made was empty.
my mental health counselor is not worried about me hurting my self.

Do I have any legal recourse?

what can I do?

 

[OHRoadwarrior]

I suggest you file in court for sole custody and an order for the children to be returned to WA.

 

[single317dad]

You need an attorney. That attorney will possibly advise you to file for divorce and ask the court to order the children returned to the jurisdiction for the duration of the proceedings.

Generally, a parent will not grab the kids and leave the state unless they have a plan, which they've likely been developing for quite some time. This means she is probably way ahead of you in a legal sense. She may have been advised to move quickly and establish residency as soon as possible, which will make your legal battle much more difficult. Of course, that is all pure speculation, but it should tell you that time is certainly of the essence and any delay could be quite costly.

In any event, DO NOT violate the protective order that has been issued against you. That means NO contact, NO friends or family relaying a message either. Follow it to the letter. Once a spouse has gone as far as to file an order of protection and flee the state with the kids, the marriage is no longer workable. Get your ducks in a row and move forward with court action to protect your interests, foremost among them being a close relationship with your children.

 

[LdiJ]

What is the name of your state (only U.S. law)? WA

My wife and I had a big fight after 5 day of not talking to me, during the conversation my emotions got to me and I said something about shooting myself. This was more of a "Bluff/Threat" to try and get her to talk to me.

The next day I went to work, when I got home everyone was gone. Five minutes later the Sheriff shows up for a wellness check.
I was involuntarily admitted to the hospital, but was released within hours and deemed not to be a threat to myself or others.
My wife fled the state and will not allow me to talk to or see my children.
They have also placed an order of protection against me.

I never threatened anyone else in the house, and the threat that I made was empty.
my mental health counselor is not worried about me hurting my self.

Do I have any legal recourse?

what can I do?

If you believe that your marriage is over, then by all means file for divorce and try to get the judge to order that mom return with the children to your home community pending the outcome of the divorce.

However, it might behoove you to wait until you have had the full hearing for the protection order. If you prevail on that, you will be able to speak to your wife and see if things can be mended, or you can go ahead with the divorce from a little be stronger position. I have some concern that since a protection order is currently in place, that a judge might not order her to return until or unless that is resolved.

 

[ecmst12]

I would suggest you get some counseling and learn to think before you speak. Your situation is of your own making.

 

[Proserpina]

I'd just add that the presumption in WA is in favor of relocation.

Given that there is already a restraining order against Dad, it would appear to me that this would be difficult at best to prevail.