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Child Custody

Can My Wife Leave With My Child? No, She Can’t

When relationships fail, the usual scenario is that one parent would decide to leave the family home along with the children. While this can be legal, it can only be so once there is a custody agreement signed and agreed by both parties. However, if only one parent unliterally decides to move away with their children with no agreement set in place before moving out, such a move will not sit well and view favorably by the Family Law Court.

Contrary to a common misconception, mothers are not superior to fathers when it comes to the joint legal custody of their children. So, when the day comes when your relationship with your wife reaches a breaking point, know that you have rights as your children’s father. Knowing your rights and where you stand will come in handy when she threatens to leave and take your kids along with her.

Protect Your Rights as the Father of Your Children

In case your wife threatens to leave and bring your children along with her, you must exercise and exert your rights as their father. To protect your rights as the father of your children, seek assistance from a Family Law attorney to settle the situation. It is crucial getting in contact with an attorney means that you are filing for divorce and eventually filing a motion or a petition for custody and possession of the children and your family home. If you simply allow your wife to leave with your children, you also let your rights leave when a custody case is made before a Family Law judge. 

Work and Settle on an Agreement

Merely taking your children back to your family home without an agreement in place will surely put you in a difficult situation, especially in legal terms. However, if you and your wife and your respective attornies will work on an agreement, the matter will not lead to a legal mess. By getting into an agreement, you provide to the courts that you were not allowing your wife to do as she wishes and that you were adamant about being present in your children’s lives.

Agree and Heed to a Visitation Schedule

If you want to win the custody of your children, it is essential to note that the time spent with your children will play a significant role during the divorce process. Setting a visitation schedule is the first step, and the rest is heeding to these schedules. Rule number one is not to miss any plans and schedules, and rule number two is to be present when they are with you and are under your care.

Know Your Rights During and After the Divorce Process

You and your wife have rights that both of you should exercise during and after the divorce. Such rights include the right to be with your children, to prevent your wife’s new husband from adopting your children, to share joint custody, to make crucial parenting decisions, and even the right to provide your children with financial support.

Avoid Conflicts with Your Children’s Mother

Any problems that occur between you and your soon-to-be ex-wife will complicate and affect the divorce process. So, as much as possible, avoid making and getting into situations when you can get into severe conflict with your children’s wife. Ensure that both of you should respect each other’s plans and decisions, communicate with each other, especially when making decisions, create boundaries upfront, stick to the set agreement and visitation schedule, and cause no problems in general.

File an Emergency Petition for Custody

What if your wife had already taken the kids away before you settled into an agreement? What you should do is to act right away by contacting your attorney to file an emergency petition for the custody of your children. Included in this petition is also the visitation and possession rights of the children. Filing an emergency petition can get messy, especially between you and the mother of your children. But if you are concerned for the safety and welfare of your children and if you have no idea of their whereabouts, then it is best to file such a petition right away.

Don’t Wait Any Longer

Basing on the situation above, do not wait any longer as this will only lose your chance in winning the custody of your children. Putting it off for later will only increase your chance of losing any custody cases in the future. If you recently got yourself in the predicament when the mother of your children had already left before both of you entered in an agreement, call your Family Law attorney right away to know the next and appropriate steps for this matter.

As the father of your children, you have every right to be and live with them, and no divorce process could ever hinder this. Now that you know your rights as their father be sure to exercise them immediately and exert effort to show that you are beyond willing to be present in your children’s lives.

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