If my husband didn't put me on the pick-up list at our kids daycare, can they legally refuse to give me my kids?
3 attorney answers
I agree, you need to file for a Divorce as soon as possible so that the Court has jurisdiction to deal with the issues relating to your children. In some jurisdictions as Standing Family Law Pre-Trial Order will be entered as soon as a divorce is filed giving some guidance on custody until you can get a hearing with the Judge. Unfortunately, until a case is filed and the custody issues are dealt with the children end up suffering.
You need to file for divorce immediately and you need an emergency pick up order. You should also call the police while you are standing in the daycare with your identification and the birth certificates. Your Husband's conduct is out of control.
The information provided above does not, and is not intended to, create an attorney/client relationship. Consult with an attorney so that he/she can fully evaluate the facts and circumstances of your case and provide appropriately tailored legal advice.
Hire an attorney and file a petition for dissolution and to establish time sharing and a motion for temporary custody and support. You should have filed the first moment he denied contact. Denial of contact is very serious in the eyes of the court.
The daycare should allow you to pick them up but the bigger problem is your husband's conduct.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.