Q: Can a husband take away children from the mother without any court order and deny her visitation?
I have a friend who's husband basically hijacked the kids from her several years ago. He claims she abandoned them and is suffering from mental disease. She had been the victim of emotional and physical abuse from him for many years and was scared to fight for the kids because of threats he made. He often tells her to "do everyone a favor and kill yourself." He refuses to divorce her but has had several relationships outside of their marriage. He has taken both kids to a different county. Her son is 10 and daughter is now 22. There has been no monetary help for this women despite his success as a film producer. She has not been allowed to see her son now for two years. Most of the contact with her daughter is via texts. She has no address of where her son is. She needs an attorney but really has no money.
A:
You are correct, she needs to see a lawyer since she is obviously paralyzed by his actions. I cannot begin to give you any suggestions because there are so many unanswered issues involved in the fact pattern you set forth. If your friend lives in California then she has the absolute right to a divorce, even without his consent, but she needs to file for it. Same with the visitation with her son, nothing will be righted until she takes some action. While she sits on her hands everything will stay the same.
As to visitation with the 22 year old, that is entirely up to the 22 year old. If she wants to visit with mom she surely can, but it appears she is limiting contact to texts for some reason.
If she is unable to obtain representation, each courthouse in California has a self-help center where they can help her to fill out the necessary paperwork to get into court and to get her divorce, and also address things like support.
The ball is really in her court to move things along.
A:
more info needed.
she needs to obtain a divorce lawyer who practices where the husband resides.
Legal aid is available in most counties. Otherwise family law court have lawyers/assistants who can help fill out the papers.
the longer she waits the more it looks like she Sat on Her Rights.
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