Can My Wife Take My Kids Away From Me?

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.

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About the Author

Nicholas Baker is a practicing family law attorney with over a decade of experience handling divorce, child custody, child support, and domestic violence matters in the courtroom. Attorney Nicholas Baker believes in providing family law information for individuals so that they can make an informed decision about their own family law matter.

  1. Dominique Lucero Johnson Reply

    If my ex is wanting my kids papers to obtain a house while they are with me can she do that? how do I go about this??

  2. Ajay Reply

    My children were with for 8 years , she started cheating by meeting others on dating websites whilst I was at work, when I question she absconded with children that was cared by my parents and me. Reports made to Docs did nothing Docs do not understand the children have been ripped of from all their contacts. The mother who told lies after lies and is collecting centre link benefit for the sake of having children. Where is child safety now . She have all this photos of her and her lover on Facebook where are children, she never cook, wash or bath the children it was my duty with the support of my familty.
    Help

  3. b Reply

    sue the shelter

  4. Sam Reply

    My friend’s wife took their daughter with her to (out-of-state) in 2013. He spends virtually all his meager earnings traveling back and forth to see his daughter and sends the rest as unofficial child support which he believes he has to pay but wants to contribute to his daughter’s financial well-being anyway. Is it too late to do anything now that 3 years have gone by? I think she’s playing him like a fiddle but he can’t see it.

  5. James Jensen Reply

    Oh my god! Please help me. I have called a couple attorney offices and they are busy until the 3rd. I need help now. My wife took our daughter and is leaving the state. Help!!!

  6. Peters_Dad Reply

    This is so aggravating.
    The wife runs into a woman’s shelter with the children.
    She has abducted the children from the home.
    There is/was no legal domestic violence.
    This is/was no legal child abuse.
    There is/was non-legal abuse by the wife, and false twisted claims of non-legal abuse by the husband.
    The police don’t care, except to refer Child Protective Services to investigate, because nothing has legally been violated except the father’s right to raise his child in the family home.
    Child Protective Services investigation will take a month or two… all the while the father never gets to parent his child in the family home.
    The women’s shelter doesn’t care… they side with the woman, even though she is the non-legal abuser. (Means she behaved abusively to the husband per the woman’s shelter’s non-legal definitions of abuse.)
    The lawyer and courts are slow… so while they crawl along… the father still doesn’t get to parent his child in the family home.
    For the sake of immigrant step-children involved, the father is only trying to establish “custody” with a SAPCR… not with divorce which would mess up immigration for the other children. (The child common to husband/wife is already a citizen.)
    I’m into my 3rd week of waiting.
    Even if I find the “hidden shelter”… I can’t go there without further false accusations being thrown against me, and I couldn’t even take my child back to the family home without being charged with kidnapping and falsely accused of abuse.
    The whole situation is ridiculous, and all everyone can say is… find a lawyer.

    In recap… the shelter assists wife with the abduction of the child by sheltering and hiding them… the police do nothing except get CPS involved… the lawyers and courts are slow… and the father in the family home has lost his child… and no one cares.

    • Clarence Reply

      I went/am going through the same. It’s been over three years and no one wants to help. In the meantime, money is being thrown at lawyers who can do little nothing after a certain point.

      • F. Reply

        Agreed. Going on 2 years here and I don’t think lawyers have our interests at heart – just the money. They definitely do NOT have the children’s concerns at heart. Had an agreement written up and signed by the courts. She moved out of state. WHAM! Another child custody negotiation. Admittedly, I was the one that cheated (but like my wonderful new wife says – if she was doing everything a good wife should, cheating wouldn’t even cross your mind). So I think as far as the marriage goes we were both at fault for not being in it. But the children are a different issue. After the new papers, had mediation. Thought there was some progress. Nope – new papers issued in the same case (which going on year 1 now) have rolled back all the compromises in mediation. Thought the holidays were nailed down, just had to hash out summers. Nope. even less days with my kids than what was discussed in mediation. Went from 2 weeks at a time to 4 days every other year. Went from the original agreement out of her state with almost full summers to now 2 weeks in the summers. The kicker — because of health issues at a young age, she’s claiming things like I am “unemployed” and that since I have on-going issues that might require medical attention, she claims I can’t be alone with the kids. Worst of all, my new wife had her own demons in her past and she is using all of that against both of us (even though she sought treatment and is doing well). Add to that the fact that somehow the oldest has now developed “learning disabilities” and “self-harms” himself and it just showed up (her was here recently and we saw NONE of what she and her doctor describe – two months later it’s an issue??). I actually think she’s the problem with the kids. They expressed how different I am now, than when I was with the ex. They like seeing me happy and able to spend time with them and laughing (and yes my health issues limit my activities, but I am happier). I think the ex is so messed up inside that the kids are manifesting under her. Can’t prove it. Just a feeling. I wish someone would help (like a lawyer) but since I have health issues, I am on disability (which she get the kids benefits – yet has the balls to say I don’t pay child support – that part makes me mad – because who does she think worked his ass off all those years to even have benefits??? She didn’t work). Can’t afford the lawyers. My family dished out for the first agreement (because I got sick shortly after the split). Her family is funding this round. Out of state makes it even more difficult. It’s just gone from saying I have issues, the new wife had issues, and I am on disability to mediation to she wants me to have supervised visits, but only at my parent’s house 4 hours away two times a year for like 15 days total. The only thing to come out of this on my end – I don’t believe in a good God anymore. Whatever His plans – He doesn’t care about children rights and what they may want to do, or what might be in their best interests. He’s let money and lawyers rule the world and he who has neither, has nothing. Sorry I am not Job. Don’t expect me to react like him.

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