Child custody

[Shalynn_Thomson]

I have a question about my rights as the mother of two girls ages 4 & 2. I have been seperated from my husband for approximately 6 weeks. I want to know if I was right in allowing him to see his daughters even though he has not supported them. I am afraid now that he is going to try and keep my daughters away from me. Do I have the right to go to his house to retrieve my children and should I have a police officer with me when I do attempt to get them back. Please respond as soon as possible as I told him that I would be there to pick them up at 7 PM.

Most sincerely,
Shalynn Thomson

 

[irish223]

Assuming that you have not filed a legal separation with an order for custody/visitation....

At this time, without any custody orders, your husband has the same rights to the children that you do. A police officer cannot force your husband to return the children to you.

IMO, you were right to allow visitation. Keeping the children from one of the parents can affect the eventual custody order. Likewise, if he doesn't return the children and refuses to allow them to see you, it will be a negative for him when you go to court.

If your state allows legal separation, you should file in court. You can also file for support and custody.

 

[CdwJava]

Irish is correct, the police cannot enforce your wishes over the father's. As long as the children are not in any articulable danger, the police can only speak to the parties and try to cajole an amicable arrangement they can not enforce anything.

As suggested, look in to the possibility of a legal separation that accounts for custody and visitation.

- Carl

 

[Duranie]

You will not gain any points in court by refusing contact. That is playing games and it is not in the kids best interest to stop contact just because you are not getting support. I would be the bigger person here and continue to allow visits. Unless there is a court order specifically giving you custody and control, Dad has rights too. You do not have more rights just because you are the mom. Without a court order the police will not do anything.