Just starting and need help

[dadneedinghelp]

My wife has just decided to file for divorce.  She has moved out with the kids to her folks house 4 days ago and she is now claiming that is their home.  I want them to be back at home and need to know what steps I can take to get them back.  I want 50-50 custody and visitation with their mother and I have offered a 50-50 proposal.  What can I do to get started?  What rights do I have to keep them at our home, the home the kids have grown up in?

[ocean]

You can file for emergency hearing on Tuesday and a restraining order to have children returned to their home until the divorce hearings. Did she pull them out of school? How far away is she now?

[dadneedinghelp]

She did not pull them out of school, at least not so far.  They are only a few miles away so they are going to the same school.

Do I need a lawyer to file for an emergency hearing and restraining order?

[ocean]

No, find out where family court is and ask where to file petitions.
Tell them you want the paperwork for emergency temporary custody and RO for the kids to stay in current school district and they return to their home until the divorce hearing. If you get there early, you may go before  a judge or wait for judge to accept it.

Were you served with divorce papers?

You may want to call a lawyer from your area and see if the judges there will rule in your favor on this. You can ask a lawyer to write up the papers for you. tell them you are not ready to hire for the divorce just this set of papers. That should make the costs stay down.

In the meantime, go to the kids activities and school events. Contact teachers for information or check school parent portal site for school district to see grades and attendance.

[dadneedinghelp]

I have been told that I would be served but I have not received any papers yet.  Her attorney has said he would e-mail me the papers but so far I have received nothing. 

It's only been a couple days.  She hasn't taken the kids from their  school and I doubt she will.  Though I know that there is a school closer to where she is now.  I will ask for the RO to make sure that they stay in their current school.

[txmom702]

Dad won't get an emergency hearing as there is no emergency - the kids are obviously fine and in no danger.  They will not grant an emergency hearing just because dad wants them back in his home...

[ocean]

In NY he would have a chance since mom just removed them from the house that they knew (and sometimes they try to pull them from the school district). Most judges here would want the kids lives remain the same until trial. One parent can move out but not with the kids. Stability and keeping them in same school, friends, activities is big in family court. Of course, NY is still behind on fathers getting same rights.