QUESTION
How do I get my wife to allow me to see my 5 year old daughter prior to filing for divorce?
Asked on Nov 21st, 2013 on Child Custody - Indiana
More details to this question:
Wife and I split up 5 days ago and she is not allowing me any contact with our daughter. No abuse or criminal histories from either of us. Wife is doing it out of spite or leverage and says she's scared I will take off with her and not come back which is absurd. What can I file in court to get equal rights for visitations prior to divorce paperwork ever filed? She says she filed paperwork but won't tell me the lawyer.
10 ANSWERS
You must file a court action first in order to be able to get a visitation order.
Answered on Nov 22nd, 2013 at 5:58 PM
Bruce Provda
You might be able to file for temporary orders concerning visitation. Speak with your attorney.
Answered on Nov 22nd, 2013 at 5:57 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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You can't. Someone must file to get a Judge involved.
Answered on Nov 22nd, 2013 at 4:48 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Unfortunately, right now you are in a tough position. Technically, because you are married and are both the parents, you both have 100% rights to the child until a judge determines how the percentages should be shared. So yes, her fear is not completely ridiculous in that you could take the child and not return her (not that you would, but you could). If she has an attorney, you really should hire one too in order to adequately protect your rights, especially those pertaining to your child. A temporary agreement can be reached relatively quickly, signed by both parties, (if both parties are cooperative) which would allow time to be shared with the child until a permanent agreement can be reached. As stated, you really need to consult with and retain an attorney.
Answered on Nov 22nd, 2013 at 11:44 AM
You can file for custody and parenting issues with the court without filing for divorce. go to your local courthouse to get the forms. Good luck.
Answered on Nov 22nd, 2013 at 11:44 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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File for divorce. You will do it anyway, so get it going. As for seeing your child, right now you have the same right to custody of her as your wife. However, self-help in this instance may work against you. So, unless you think there is a good possibility that you can reconcile, file for divorce and ask for a temporary custody order.
Answered on Nov 22nd, 2013 at 10:37 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Anything which she has filed will be of record at the Court. Get an attorney an commence an action, seeking a temporary custody and parenting time order.
Answered on Nov 22nd, 2013 at 10:22 AM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Go the court and file a motion for visitation and child support under the FD docket, Non-dissolution case type.
Answered on Nov 22nd, 2013 at 10:18 AM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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A pending Divorce action must be initiated before you can request a Court Order granting you specific parenting time with your daughter. Contact the applicable Court to confirm if she has in fact filed a Complaint for Divorce. If she hasn't, then file one yourself, along with a Motion seeking "interim" ("interim" means: "while the case is pending") specific parenting time with your daughter.
Answered on Nov 22nd, 2013 at 10:18 AM
4 Awards
Depending on the Indiana County, information on filing is located online at the Indiana Supreme Court Website. You can determine whether she filed. You need to think long-term and avoid conflict if possible. Why don't you suggest meeting at a public place where she can be a distance away but you can still have alone time with the kids.
Answered on Nov 22nd, 2013 at 10:17 AM