Newly seperated and are just starting to sort things out as far and haven't even filed for divorce. We haven't even found lawyers yet. Spouse is saying now that they are refusing to let me see our kids - and will call the cops if I show up to see them. Or get a restraining order... which makes no sense to me. Don't you have to prove that a restraining order is even needed? My spouse thinks they can just ask for one and they will get one enforced. Just because my soon to be ex is mad - do they get to just say I don't get access to our children? Are these empty threats? Should I play along or not put up with these "rules" they think they can just put out there? I don't want it to be ugly - and never in front of my children. BUT - I should still get to see them, right?
custody threats... what to do?
- Thread Starter Mullerita
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CdwJava
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If she is able to get a restraining order, it will be obtained through her submitting an affidavit to the court. Now, I am not from Washington, but the procedure is similar in most states and that would mean that after the affidavit is submitted, a judge might issue a temporary order until a hearing is conducted. The hearing could be a month away, but one will be scheduled.
If I were you, I would be polite, but would seek those official custody and visitation orders through divorce or separation documents (as appropriate for your state).
Absent a court order for visitation, she might be able to refuse to let you take them anywhere, but I suspect that WA law will not allow her to prevent your at least seeing them under her guidance.
You REALLY need to consult an attorney who can help you wander through this often complicated and tangled wilderness.
- Carl
If I were you, I would be polite, but would seek those official custody and visitation orders through divorce or separation documents (as appropriate for your state).
Absent a court order for visitation, she might be able to refuse to let you take them anywhere, but I suspect that WA law will not allow her to prevent your at least seeing them under her guidance.
You REALLY need to consult an attorney who can help you wander through this often complicated and tangled wilderness.
- Carl
Okay. That makes sense. She was pretty much freaking me out with the threats of a restraining order - considering I haven't even been in the area. I was relocated up to Washington state and my family is in Arizona. I was worried that after making the trip down to see my children she would refuse to let me see them, call the cops on me, or enforce a restraining order on me. All which she said she would do... whether she had reason to or not. Which she doesn't. But it didn't stop her form throwing that out there.
CdwJava
Moderator
You never know ... she could obtain a restraining order without your knowledge. If she claims she does not know your current address, she COULD manipulate the situation so that she wins by default and you would have to hire an attorney to try and fight it.
You might consider checking their local court website weekly to see if there are any cases pending with her name (or yours) listed.
But, seeking legal divorce and custody/visitation orders would be the best bet.
- Carl
You might consider checking their local court website weekly to see if there are any cases pending with her name (or yours) listed.
But, seeking legal divorce and custody/visitation orders would be the best bet.
- Carl
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