Child Custody Legal Answers

Which parent has custody rights when there is no court order?

My wife and I are splitting up and we have three children. She says that when I move out of the house, the children are staying with her and she’ll decide when I get to see them. I have been advised that I can’t go to court to file for a divorce or for custody until she and I are no longer living together. I want to know if that is true. If it is, who has custody rights to our children until we are able to get into court and have a judge decide? Can she really keep me from them if there is no custody order in place? Am I within my rights to just go and get them from the house after I leave?

Washington, DC

Mar 15, 2021

Can I sue my wife for kidnapping and take custody from her?

My wife has left our home without telling me and has basically kidnapped our Muslim children. I don’t know where they are at this time. My wife has been telling my children untrue things about me and painting me as a bad person in their eyes. I need to find my children and take full custody of them before my wife turns them against me. Am I able to file a lawsuit against her for kidnapping and gain custody? Will a court consider her actions in alienating my children when it considers my request for custody? I need to find a Muslim lawyer who can help me both locate my children as soon as possible and file any possible lawsuits.

Chicago, IL

Mar 15, 2021

How to disprove false child abuse allegations in a custody case?

I’m in the middle of a custody battle with my ex-wife regarding our three children. I was initially just seeking equal custody time. Six months into this custody case she makes a false allegation that I sexually abused our youngest daughter. This has never been mentioned before and is absolutely untrue. I believe she has said this because she feared that the judge was going to grant me shared custody. This is an obvious attempt by her to keep me from more time with my children. Now I want to not only counter this lie but take full custody of my kids. If she’s willing to go to this length to keep my children and me then she is not fit to have them in her care at all. What do I need to do to prove she’s lying about the abuse and to gain full custody?

Seattle, WA

Mar 15, 2021

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