If my wife left a few weeks ago and tookour daughter with her, how can I get my child back?

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If my wife left a few weeks ago and tookour daughter with her, how can I get my child back?

She moved in with her family. We had our daughter in marriage. There was no abuse and I paid her for child support according to state guidelines but I want at least joint custody, how do I do this? Should I file for divorce?

Asked on January 20, 2012 under Family Law, Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your situation here.  You have to understand from the start that you have the same rights to custody and visitation of your daughter unless and until you agree to a different arrangement or the courts rule otherwise. You can file for divorce to start a temporary custody proceeding but many states allow youtodo this with out filing for divorce.  I would strongly suggest that you seek help from an attorney in your area. Good luck.


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