Q: My son's soon to be ex wife will not allow him to see or talk to his children.
He is working on starting divorce proceedings but has not seen his children since his soon to be ex-wife kicked him out of their home three weeks ago in the middle of the night. Their children went to bed and dad lived in the home, the next morning dad did not. Up until this happened he was responsible for getting them ready for school, dinner, bath time, bed time, reading homework and most of their emotional support. There is no custody order yet. Is there anything he can do to be able to see his children until there's a custody order in place? He wants to share 50/50 custody and the children live with him alternating weeks.
First try to use persuasion. Let the wife know that divorce paperwork will be filed very soon. Let her know the court will be looking at each parent's behavior, and her denying contact with the children might reflect very poorly on her. Encourage her to talk to an attorney, who will hopefully convince her she needs work out a reasonable custody schedule with your son.
If that doesn't work, get the Divorce Complaint filled as soon as possible, get her served as soon as possible, and file a Motion for Interim Custody Order, together with a Motion for Expedited Consideration. That may take some time, but you'll eventually get a temporary order to govern custody pending the final resolution of the Divorce.
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