I want to pick my kids up from my mother in law's house this weekend but my mother in law is saying that I cant. My wife and I are currently married but will soon be getting a divorce. As far as I know, since I'm the father and I should be able to see my kids whenever I want. Is there some sort of legal paperwork that my wife could have filed that might prevent me from seeing them? If not, are there any laws that I should know about that will help me convince my mother in law that I have custody?
She is probably committing a 3rd degree felony if she does not let you get the kids. Report the crime, it is interference with child custody.
R. Jason de Groot, Esq., 386-337-8239
Have you attempted to have the police intervene? Where is the mother? How did you Mother in Law end up with the kids? All these questions need to be addressed before a competent answer can be given. For example, if you were gone for months, and your whereabouts unknown, and you left your kids with your wife, and your wife became a homeless drug addict, and DCF stepped in and had a shelter hearing at which the Judge granted temporary custody to your Mother in Law, then you would have to hire an attorney to get relief. But if this is just your Wife's mom decided she's keeping the children after a visit or something, then if I were you I'd call the police and see if they will intervene. However, if your wife has left the children with her mother, then the police may not intervene because both you and your wife have equal rights to the children. In this case, you will need to request relief from the Court.
The answers given by this attorney are for educational and information purposes only and do not constitute legal advice, nor are they intended to create attorney/client relationship. You should seek legal counsel in your area to get legal advice concerning your particular circumstances.