QUESTION
How long will it take to get a court date after I file for a divorce if my child is being kept from me by her father?
Asked on Jul 04th, 2013 on Divorce - Michigan
More details to this question:
I was married to my daughter's dad who I am now filing a divorce against. He currently has our 3 year old daughter and is not allowing me to see her. I don't want to have to wait to see my daughter until our divorce is final.
7 ANSWERS
You can apply for an immediate order. You should consult a family law attorney about how to get an immediate hearing.
Answered on Jul 08th, 2013 at 3:42 PM
There is a procedure called an ex parte hearing. You need to contact the court in your county to find out its procedure to do this. This is setting a hearing on 24 or less hours notice when there is an emergency situation such as withhold of child parenting time. You might need the help of a lawyer or paralegal to do this.
Answered on Jul 05th, 2013 at 4:22 PM
You will need to file a request for order seeking temporary custody and visitation. Otherwise you may be waiting for a really long time to get any court orders.
Answered on Jul 05th, 2013 at 11:23 AM
Family Law Attorney serving Columbus, OH
Partner at
Law Offices of William L. Geary, Co., L.P.A.
3 Awards
You will have to immediately request temporary orders. Then, it will take however long it takes the Magistrate or Judge to give you an order. Each Magistrate and Judge has differing schedules.
Answered on Jul 05th, 2013 at 11:07 AM
4 Awards
You need to have a Motion for Temporaries hearing. These are done on affidavit in chambers. You really should visit with a local attorney about your options and specific facts of your case, as well as how your assigned judge would view those facts.
Answered on Jul 05th, 2013 at 11:04 AM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
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If you file a motion for visitation and custody it could be 2 weeks or so.. but it requires a motion and order from the court.
Answered on Jul 05th, 2013 at 11:04 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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File a motion for temporary orders to allow you visitation.
Answered on Jul 05th, 2013 at 11:04 AM