San Diego Child Custody disputes can cut you off from access to your kids.

Our managing attorney Zephry Hill forwarded me this question regarding whether a wife can stop her husband from seeing his kids. The question reads:

“My sister left her husband and she does not want him to see the kids because he is involved with the law right now and he is unstable. Can she refuse him the right to see the girls even though they are married?”

For the most part, if you are living together, you can’t limit your spouse’s access to your kids as long as you are married. In this case, since it sounds like she moved out and took the kids, she does have some options.

First off, she can simply refuse to grant him access to the children. However, this option is only temporary. Once she refuses him access, the husband can go file an action with the court to establish rights of visitation. In that action, the wife will be given the chance to present her evidence about any abusive or unstable actions that the husband has taken, and the court will make a determination of what is in the best interest of the child.

If she wants to be the one that initiates this process, she can file a custody action with the court and seek sole custody. It is important to note that to be successful she will need to be looking into getting a legal separation or divorce at the same time.

One final option is to seek a temporary restraining order followed by a protection order.  These orders cut off all contact between the husband and his children for a short period of time. Although, it may be difficult in this situation because it doesn’t sound like there is any evidence of abuse.

From the perspective of the husband, the wife has quite a few arrows in her quiver to cut off access to his kids. Losing a battle for child custody has serious consequences that can range from being removed from your home to permanently losing access to your children. It is for this reason that you need representation from a firm who will fight for your rights. If your spouse has cut-off access to your children or you are facing a custody dispute, consider Goldberg Jones for your San Diego child custody attorneys. We are happy to take any questions you have on the phone for free, please give us a call at: (619) 243-0888.