Escondido, CA asked in Child Custody, Divorce and Family Law for Tennessee

Q: wife and I have been separated for 2 yrs no legal papers filed. Can she deny visits to see my kids. She in TN me in CA

She's requested a drug test before I see my kids but not through the court. Can she do that?

1 Lawyer Answer

A: It sounds like you both NEED a divorce. If you have not had a regular pattern of visits with the children during this 2 year separation, I suspect a Judge would be cautious about allowing the children to go to California ( but you don't say how old or mature the children are) but there a many things to consider and your question doesn't really provide much detail. A divorce decree would contain a "parenting plan" which would address all these concerns ( transportation, drug testing, your time with the children, child support) so I strongly suggest you consult an experienced divorce attorney asap.

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