Asked in Child Custody, Divorce and Family Law for Alabama

Q: I am still legally married to my wife and we are not legally separated. We have not been together for 2 years.

She knows I have been trying to get on disability for over 2 years now Since my accident when we were still together. I am almost finished with it but we haven’t been together for 2 yrs now but she hasn’t let me get my 2 sons or see them in about a year. I have not been able to help her financially yet because I can’t work. I call them several times a week try and just talk to them and check on them , I may get to talk but most of the time I don’t if she doesn’t block me but can she just keep them from me until we do file something or go to court over divorce and custody?

1 Lawyer Answer
Sheila Crumley Field
Sheila Crumley Field
  • Divorce Lawyer
  • Licensed in Alabama

A: If you are still married you can go get them and there is nothing she can do about it. You both have equal custody. But if you do, she will probably go file something immediately to give her temporary custody. Then you will have to petition the court for interim visitation prior to the final divorce. Good luck

2 users found this answer helpful

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