my wife and i do not have any sort of court orders between us yet and she wont let me see or talk to my kids. can she legally do that? i dont even know where they are living at.
she has also had 2 more kids whom arent mine and i got served with papers saying i owe support for all 5 kids.
You will need to file a custody action against your wife so you can have court ordered custody and visitation time with your children. You will want to allege in your custody complaint that she is withholding the children and keeping them from you. You should give specific examples of this as well.
For the child support action, you need to contest the paternity. You are presumed to be the legal father since the children were born while you and your wife are legally married, but the court cannot require you to pay child support for any children that are not biologically yours or legally adopted by you.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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