How can I get partial custody of my daughter during divorce proceedings? 15 Answers as of May 03, 2011

My future ex wife and I have been separated for a few months now. Our daughter is 4. The divorce is in progress but it will be another 4 months before it's finalized. My wife will not let me see or speak to my daughter, and has moved 2.5 hours away with her. Is this legal for her to keep my daughter from me? What rights do I have and how can I get to see my daughter?

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John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
You need to get the court to enter an appropriate temporary parenting time order that says when you have the right to spend time with your daughter and what your wife has to do to cooperate and make that happen. The law expects that both parents will spend time with the child to actually "be a parent". If you and your wife cannot agree on a workable schedule to do that, the Court will establish one for you.
Answer Applies to: Colorado
Replied: 5/3/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Consult a local Family Law Attorney right away. It was not okay for your wife to refuse to let you see your daughter and it was not okay for her to move 2 1/2 hours away.You should file an OSC, re: Custody, Visitation and Contempt right away.
Answer Applies to: California
Replied: 5/1/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
I cannot stress this enough, you should have hired a lawyer. There are ways to restrict your future ex-wife from moving during the divorce, but you had to do that before she moved or hold her in contempt if there are standing orders soon after she moved. You sat on this for several months and lost a right you had. I am not trying to fuss at you but this is a common question. I am constantly asked what can I do now that
Answer Applies to: Texas
Replied: 5/2/2011
Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
You must file an Order to Show Cause with the court asking them to award you custody during the divorce proceedings. Your wife cannot keep your daughter from you, but until there is an order for custody or visitation, you will be unable exercise your rights.
Answer Applies to: California
Replied: 5/1/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
There are many questions that I have in order to properly answer your question, for one - why to you think it will be another 4 months before your divorce is final? 2. Where is the divorce presently, which county? Did she get permission from the courts to move? I encourage to contact our office to discuss your case. We do offer free consultations so you are under no financial obligation to talk with us.
Answer Applies to: Illinois
Replied: 4/28/2011
    Lori C. Obenauf LLC
    Lori C. Obenauf LLC | Lori C. Obenauf
    You need legal representation to schedule a temporary hearing requesting that the court determine issues of child custody and visitation and any other matter prior to the divorce being finalized. Also, you want to ensure that you have custodial or visitation rights in the final divorce.
    Answer Applies to: Georgia
    Replied: 4/28/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Move the court for temporary orders and it will give you reasonable contact with your daughter. Ask for phone, skype contact several times a week. Start seeing her for short visits and build up to overnights. Good luck.
    Answer Applies to: Washington
    Replied: 4/28/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    If there are no current custody/visitation orders, then you need to file a motion with the court to establish custody and visitation. It is not proper for a parent to move away with a child without agreement between the parents, or court order allowing such move.
    Answer Applies to: California
    Replied: 4/29/2011
    Law Office of Jackie Robert Geller
    Law Office of Jackie Robert Geller | Jackie Robert Geller
    You can immediately commence a request for temporary custody while the divorce is proceeding. You have an equal right to get to see your daughter. She can't keep her from seeing you. You need to be pro-active on this.
    Answer Applies to: California
    Replied: 4/29/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    I would immediately file a motion for custody and visitation. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 4/29/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    You should retain an experienced Family Law Attorney to represent you in your divorce and child custody proceedings. Four months before trial won't give the attorney a lot of time to prepare, but you are not sufficiently versed in the law to represent yourself in those proceedings.
    Answer Applies to: California
    Replied: 4/29/2011
    Law Offices of Dennis Smith
    Law Offices of Dennis Smith | Dennis William Smith
    You should file and serve an Order to Show Cause for temporary custody and visitation while the dissolution is pending.
    Answer Applies to: California
    Replied: 4/29/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    In Mobile County we have a "status quo" order that requires the parties to maintain the status quo that existed prior to the filing of divorce. You could argue that she is violating that order if you have a similar standing order in your jurisdiction. This is really a question for you and your lawyer to strategize about because you need a lawyer with your child's custody at stake. Stay well.
    Answer Applies to: Alabama
    Replied: 4/28/2011
    Maclean Chung Law Firm
    Maclean Chung Law Firm | G. Thomas MacLean Jr.
    You can get temporary custody and visitation rights prior to a divorce being finalized. To do so, you must file an Order to Show Cause application and set a hearing date. You also will need to set a mediation date prior to the hearing in most places.
    Answer Applies to: California
    Replied: 4/28/2011
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