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Husband and wife are separated with no custody order, procedure for filing child custody order in ID

Asked over 3 years ago - Coeur D Alene, ID

I am separated but there is no custody order we share the kids but now she is trying to keep them from me and not let me talk to them. neither one of us has filed for divorce but she is living with someone. I want to get my kids can I just go get them without any legal problems?

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sairah_

Answered by a user, over 3 years ago.

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hi there,

Sorry, unfortunatly no, you have to have a custody order in place, unless you have some reason to believe the child is in danger, the police cannot do anything,
If your ex leaves the state/province with the children, then there is an issue you can work with. Sorry to break it to you. but you will have to fight through court!

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CHERRISH

Answered by a user, over 3 years ago.

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From what I am not understand, if there is no legal custody whatsoever, then either of you are entitled to spend time with your child. If she is not home or if they are at child care, you can get them. It may become a battle and unfortunately the cops won't help you very often without actually custody documentation. Have you considered getting a parenting plan and see if she will sign it and then submit it to the court? There is a court advocacy officer for Kootenai County. She is in her office Tuesday and Thursday. You should call her.

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