Q: Is it illegal for husband to keep children from me during divorce?
I'm currently going through a divorce, and there is no custody agreement in place. My mother is assisting my husband in keeping my two children, ages two and one, away from me. I'm concerned about their well-being while in his care. I attempted to seek legal aid but was denied without explanation. Is it illegal for them to keep my children away from me under these circumstances?
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A: The answer will depend on the circumstances. If there is no court order, you will need to go to court and have a hearing to establish a custody and schedule for parenting time. The Automatic Temporary Injunction that goes into effect when a divorce petition is filed and served prohibits a parent from hiding their children from the other party. Each parent has a legal duty to facilitate and foster a relationship between the children and the other parent. However, a separate statute permits a parent to withhold or suspend visitation if they have evidence of abuse or neglect. You would benefit from a consultation with an experienced, qualified divorce lawyer to discuss your situation privately and learn more about your options.
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