Oakland, CA asked in Family Law and Child Custody for California

Q: My wife and I got into a fight and she's taken my child and will not let me see him. How can I see my child?

My wife and I got into a verbal altercation while vacationing in our previous city of residence. She stayed there and took my son and is not allowing me to visit him unless I'm supervised by her. Assuming I don't want a divorce quite yet, what are my options for seeing my son again where I can bond with him in privacy.

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1 Lawyer Answer
Joseph Torri
Joseph Torri
Answered
  • Riverside, CA
  • Licensed in California

A: Filing for legal separation might be an option. Filing a request for order for child custody and visitation is probably a good idea to obtain the relief being sought. There are judicial council forms to fill out. Preparing a declaration will also be necessary. You may visit the court's self-help center, but it's probably better to hire a limited scope attorney if you can't afford to hire a fully retained attorney.

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