Q: Can my wife deny me visitation maliciously if we have no custody order or case pending in court yet?
We had an agreement on when each of us would have time with them. Both of us were following it. This week she got mad at me again and will not let me see my sons. She said I will never see my sons again unless a judge makes her let me see them. She is telling everyone who will listen that I am mentally unstable and am going to physically hurt or kill her and my sons or kidnap them and leave the state. These claims are completely false and without basis. I have no history of mental illness or domestic violence. She has threatened me that all manner of bad things will happen if I attempt to contact my sons. She is only doing this out of anger and hate for me. The court process can take months and I fear in that time she will have turned them against me. Is there anything I can do legally to be able to see my sons and maintain the relationship we have until an order is eventually issued by the court?
A:
Yes, from start to finish, the process may take months if not years. However, your lawyer can file emergency motions that will be heard much quicker, sometimes within days. You need a lawyer who specializes in this area immediately. Here are a list of lawyers near you: https://www.justia.com/lawyers/divorce/california/yucaipa
I would call and email them tonight and set up a phone appointment or in-person appointment for tomorrow if possible.
A: Your wife can technically deny visits (just as you could too if you had the children), but that's not a smart move on her part. The court will frown upon her conduct. Parents need to work together on a parenting plan. Unfortunately it sounds like you will need to file with the court to obtain orders. The longer you wait, the longer it'll take. Law enforcement will tell you to obtain custody orders. Consider hiring a family law attorney on a limited scope basis if you can't afford to full retain one. Many family law attorneys offer a free initial consultation.
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