QUESTION
How is visitation determined in a divorce?
Asked on Jun 04th, 2015 on Child Custody - Wisconsin
More details to this question:
She has filed divorce against me. We are separated. I am able to see our three children, age 12, 9, and 8, about twice a week right now. She has stopped the visits for about a month since things have gotten really bad. Will she be able to keep this up during the whole divorce and afterward?
7 ANSWERS
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Visitation during a divorce is determined either by written agreement or order of the Court. If you are uncertain how to proceed, you should hire an attorney to assist you.
Answered on Jun 05th, 2015 at 1:01 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The question for the court in a dispute about custody or placement (not the same thing) is the best interest of the child or children. You should really retain an experienced family law attorney, who will know how to bring helpful information before the court. If a divorce is started, you can seek a temporary order near the very beginning of the process, which will set rules for these, and many other, things, until the divorce is concluded. Good Luck.
Answered on Jun 05th, 2015 at 11:02 AM
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Most of the district courts have local rules about what is the bare minimum parenting time. Lancaster County, for example, uses 10/4 parenting time in typical cases (non-joint-custody). You need to file for temporary parenting time to protect your time with your children during the divorce.
Answered on Jun 05th, 2015 at 9:51 AM
Visitation can be negotiated but if one party does not want to negotiate the other party can go to Court.
Answered on Jun 05th, 2015 at 6:27 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Without additional fax is impossible to tell, but generally you should be receiving every other weekend and a weekday night with your children. If you are in Michigan you are welcome to call Musilli Brennan Associates PLLC with details and to potentially engage the firm.
Answered on Jun 05th, 2015 at 12:43 AM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Maybe or maybe not. There isn't enough information to better answer.
Answered on Jun 05th, 2015 at 12:42 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Unless there is a court order setting out custody she has no more right to your kids than you do. Get an attorney, schedule a temporary order date and ask for shared placement. You will be sent to mediation or a GAL will be appointed.
Answered on Jun 05th, 2015 at 12:37 AM