One of the most common questions we have in the Father’s Rights area of the law is what happens when a wife wants to move out of the house and take the children with her. People want to know the answer to this question more often than almost any other because father’s confronted with this situation are scared they will lose the right’s to their children. We’re here to let you know that father’s rights attorneys will fight for you but you must contact one immediately to protect your rights.
So, What Are My Rights if She Threatens to Take Them?
Right off the bat, you need to tell her that she cannot take your children away from their house. She has no right to do so because as a married couple, both of you have the same legal rights to joint physical custody and joint legal custody to the kids. Tell her that she can leave the home and move, but she can’t take the children with her. Then, immediately contact a father’s rights attorney who will put the gears in motion on your behalf.
Contacting an attorney in this situation means filing for divorce so that you can immediately file a motion or a petition for custody and possession of the children as well as the residence. This is how you protect your rights as a father. A good attorney will immediately put together some type of parenting agreement and will try to find a compromise with your wife or her attorney regarding the custody of the children, a visitation schedule and who pays what when it comes to child support and any other expenses needed for the kids.
What If My Wife Already Took My Kids?
Now is the time to act—you cannot wait even one day or you will put yourself at a serious disadvantage in the courts. If this just happened in recent days, get a father’s rights attorney who will immediately file an emergency petition for custody, visitation and a return of possession of the children. Waiting weeks or months damages your chances at gaining custody because the courts will not want to upset the new schedule that kids may have become accustomed to.
Every once in a while these things turn extremely ugly, and if this is the case, and you fear for the safety of your children, do not know where they are, or believe she may be attempting to leave the state that you live in, contacting the police is also a good idea. You have the right to know where your kids are and the right to have them live with you. Waiting is the number one reason father’s lose their custody cases. Get started immediately by speaking with a father’s right lawyer who will fight for you and your family.