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Father's rights to seeing children

Sebastopol, CA |

I am in the process of filing for divorce. My wife currently has our children in her care in Los Angeles. I had the agreement with her that she would let me take the kids for Thanksgiving. As of the other night she is now saying she is not going to give me the kids for the holiday. What are leagal rights as the childrens' father? in this situation

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Attorney answers 1


You certainly have rights to see and be with your children, as does, of course, your wife. If there is a case pending in the court for the divorce you can go in and tell the court that your wife is refusing to cooperate with you on the holidays and ask them to step in and set up a schedule. It is likely too late to do that now for this Thanksgiving, but you can address the upcoming winter holidays. The bottom line is this: if you and your wife are unable to work out a schedule the two of you can live with, the court will do it for you, but it is up to you (or whoever has a complaint regarding the visitation) to bring this issue to the attention of the court. If you are able, you should speak with an experienced family law attorney. Good luck.

Samuel Rice Wasserson

Samuel Rice Wasserson


This type of problem is better handled with mediation rather than litigation. However, if there are disputes relating to visitation and custody, it may require resorting to litigation, but prior to getting into a courtroom, the parties must attend court ordered mediation which frequently results in agreements which resolve the issues.

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