My wife and I have seperated. I will be filing for a divorce as soon as I can get the money together. Since I moved out she will not let me spend any time with him unless she is present. I cant take him to dinner, I cant take him to the park, unless she goes with us. Our relationship is so acidic that I would rather not visit him with her around . It almost always ends up in a fight in front my son. Which is why I left in the first place. Is there anything I can do? until we get a divorce. Am I just gonna have to take this from her until a judge decides? PLEASE HELP!
Answer
Yes, you need to file for divorce asap. You will need to file and serve a motion for custody/visitation and have the Court/the judge decided on a custody plan, depending on your son's age, it will likely be your wife has primary custody, you will have visitation, every other weekend, plus every Wednesday for dinner. Best of all, when you have visitation, she is not allowed to be present. If she continues this way, obstructing your parental rights, you can move for full custody, Good luck and hurry
Peter Tuann, Esq.
Answer
There is nothing you can do without a court order, which you must file your divorce to get.
Answer
Peter Tuan is very wrong in saying that the courts generalize. There is no such thing as a basic order. Every case is different and every set of parents are treated individually. I represent many men with primary or equal custody.
www.FamilyLawCalifornia.com
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