I have a question to ask of you. What route could I take to assign temporary guardianship of my children to my parents? If my wife isnt too keen on the issue, what can I do to at a bare minimum to keep her from leaving the state with them? Also is there a way that I can get custody of them. She currently has custody, but there isnt anything in the court system backing it up.
.
Your advice is greatly appriciated. Thank you in advance.
.
Kustom
Got a rare headache so I'll be brief.
A lot depends on your state. I'm not a divorce attorney so I know nothing definitively. Generally, without any court orders you both have equal rights to custody of the children; however, before you go taking them back and in essence kidnapping them from each other I think you should request (in writing for documentation purposes) at least equal custody of the children. If she refuses then you'll have to file for something (LSA/Divorce or whatever) and request a temporary custody hearing.
As a man, YOU are behind the eight ball. You've already voluntarily allowed her to presume custody of the kids which makes your argument even weaker. Get with an attorney NOW to insure your rights. The longer you wait playing a game HOPING that she'll just come back places the odds of you winning further in jeopardy. Yes, MB principles work but you can't trust them to the peril of your financial and custodial rights. Of course, if she shares custody willingly then you can do the plan(s) but you can't just trust her. Protect yourself first then do the plans AS the court system does it's job.
I don't think you can assign temp or permanent custody to your parents. Your wife would have to agree and that ain't gonna happen.
Once you file she can't leave the state with the kids though be careful...I have a high school friend that was living in Michigan with his wife and 2 kids...wife went to visit family in Illinois and secretly got an Illinois drivers license then waited the required 6 months and filed for divorce. It was completely bogus but the lower court allowed it...he could have appealled but by then he just gave in and settled.
Mr. Wondering
p.s. - you can do some research on the internet about your state and the state your wife would potentially be taking the kids to....but getting with your experienced divorce lawyer is the best thing you can do. Do it soon.