QUESTION
Can I be kept from seeing my children before a divorce? How?
Asked on May 15th, 2015 on Child Custody - Michigan
More details to this question:
My wife has informed me that she has a divorce attorney and I have nobody. She says that she has already started the divorce but she has not sent any paperwork to me yet. She says that she can legally keep me from seeing our 2 children because the divorce has started even though I do not think that it has. Can she keep me from seeing our children like this?
5 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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No. Not unless she obtains a court order. Some sleazy people make false accusations of domestic violence as a way of getting one or another kind of protective order, but you would have a chance to be heard, and it's not a frequent dirty trick. Suggestion: you should consult an experienced family law attorney He or she may suggest that you commence the divorce, and simultaneously seek a temporary order providing for custody, placement and support of your child or children. Good Luck.
Answered on May 18th, 2015 at 9:56 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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The simple answer is no.
Answered on May 18th, 2015 at 5:36 AM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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NO- she cannot without a court order. You need to get an attorney to obtain your custody/visitation rights.
Answered on May 18th, 2015 at 4:58 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Not unless she gets an restraining order from the court. If you haven't been served, check to see if she has filed by looking up your name at the court house in your county (you can do this on line) or file yourself and get a temporary parenting plan in place as soon as possible. If she has filed already, you can make the motion for temporary orders immediately. This will allocate time with the children between both parents.
Answered on May 18th, 2015 at 4:03 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally, not without a court order to that effect. Your rights as a parent remain regardless of the fact that you are in the process of the divorce. I would suggest you engage an attorney and she already has one.
Answered on May 15th, 2015 at 5:00 PM