Q: My wife refuses to let me have the kids under the advise of her lawyer.
My wife has refused to let me see the kids for 9 days. She served me, and I'm in the process of getting a lawyer, but every lawyer in town had a week to 2 week wait to see them. My first appointment comes in 2 days. She claims she has the right to keep them indefinately until I have an order, unless I agree to a court order to see the kids 3 days a week through her lawyer. Her lawyer emails me about agreeing to this as well with both of them knowing I don't even have representation yet. Do I really have no right to see my kids without a court order before I have a lawyer? What will happen when I finally do get a lawyer? Will I actually get my kids to come home?
A: She's completely wrong. If the two of you are married, and there is no order dictating otherwise, then you have the same right to the kids as she does. You may see your kids whenever you wish.
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