Husband and wife living separately but not yet divorced. But the mother won't allow any visitation rights to the father.
1 Husband and wife living separately but not yet divorced. But the mother won't allow any visitation rights to the father. on Mon Oct 24, 2011 2:24 am
I am not one of the atty/moderator here but was in a similar situation with my wife when we split up and seperated
I was advised (and did it) to apply via an attorney for a writ of Habeus Corpus and submit it to Court of appeals (Attorneys know how to do this)
Basically it means the wife has to appear in Court with the child and it is sorted about visitation rights, support etc
If your boyfriend is the father, he is entitled by law (Judges words in Court not mine) to be allowed to have visits from his child, the wife is actually breaking the law (again Judges words not mine) by not allowing him to see the child.
Sorry if I have posted out of turn but hope this might help Asha
Good luck, it proved worthwhile for me, even it is a little costly, I now have my son every weekend for 2 days
3 Re: Husband and wife living separately but not yet divorced. But the mother won't allow any visitation rights to the father. on Wed Oct 26, 2011 10:51 am
Thank you very much. May I know how much money do we need for the whole process and how long will it take? And also, what if the mother refuses to cooperate or appear in court, would there be a possibility that the court may dismiss what we have filed?
Thank you again for your time, Dave.
I applied in April this year and was in Court May, approx 5-6 weeks (again depends on Court schedules). If the paperwork is received by the mother (respondant), she signs to say she got it and has no choice but to appear and bring the child with her (you can look up Habeaus Corpus on the internet for the full guide on what it is and how it works). I do believe I remember at the time my Attorney saying if my wife signed and did not appear she can be arrested and forced to appear (don't quote me on it) ...
The court will not normally dismiss Habeus Corpus.
My wife told Court she did not want me to have visits, the 3 Judges sitting said it is against the law to deny access to the minor child by the father, so basically he has the same rights as me.
Good luck with this, I hope everything goes well for him
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