My wife and I have been married for 5 years now. I met her while attending my last year at Auburn University and we wed a year after I graduated. Now, all of a sudden, she wants a divorce.
I have a slight case of Cerebral Palsy, which has affected my work history far more than I anticipated. However, a week before she left, with our 9 month old son, I scheduled and underwent a tendon transplant surgery so I could be able to sustain a job for a greater duration. Evidently, this was not good enough. For two years I had been filing for SSDI on my wife's behalf and four days after she received her first check, she was gone.
She has now been gone for 2 months and up until recently, she was letting me see my son. For some reason, I believe family/friends influences, she has now decided to completely cut-off all contact with me. It has been since Father's Day since I last saw my son. Everytime I call I'm told she's either gone or asleep.
My question is this; Can she legally keep me from visiting with my son until our divorce is final and visitation has been set?
Get a lawyer and file for divorce and ask for temp orders to see your child. At his age and in the Bible Belt you won't get more than standard visitation but go get it. Until you do she'll keep you from seeing the child until he forgets you and then use that as an excuse for not wanting you to see the child. And don't forget to call SSI and tell them she's split. They need to stop that check. And if she makes more money than you do, ask for spousal support. Go get a lawyer. Don't wait for her. Go on the offensive and stick up for your parental rights to your child. Forget her. Focus on the child.