More details to this question:
My wife and I are divorcing, the process has not yet started, I plan on going to the courthouse tomorrow to pick up the paperwork. My thing is she took our daughter and will not allow me to see her, she went to file a complaint about 2 weeks ago and the court/magistrate decided no type of aggression or restraining order needed to be placed. So at this point she hardly lets me talk to my own daughter, I've only seen her once these past 2 weeks through a window. Where they are I feel is unsafe because she is living with her mom whom has 5 dogs 2 which are quite big in size. Also she has taken the financial assistance away which we are both entitled to. I just want to know what can i do, what should I do. I have the paperwork for joint custody and I'm going to get the paperwork for divorce. Thanks.
1 ANSWER
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It sounds like you are already doing the right things in filing for custody and visitation, which can be done as part of a divorce in the Circuit Court or separately in the Juvenile & Domestic Relations District Court. In either court, you probably want to file a motion to establish temporary visitation, because you are being denied any contact with your daughter. This is call pendente lite visitation and it will set the schedule for while the case is pending in the court. The scheduling of motions varies from county to county. It would be advisable to have a lawyer assist you with this process.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
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Answered on Feb 05th, 2014 at 2:23 PM