How is visitation determined in a divorce? 11 Answers as of June 05, 2015

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?

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Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
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.
Answer Applies to: Florida
Replied: 6/5/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
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.
Answer Applies to: Wisconsin
Replied: 6/5/2015
Law Offices of Lauren H. Kane | Lauren H. Kane
You need to file a petition for custody which is considered a separate issue from divorce.
Answer Applies to: Pennsylvania
Replied: 6/5/2015
GordenLaw, LLC
GordenLaw, LLC | Vanessa J. Gorden
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.
Answer Applies to: Nebraska
Replied: 6/5/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
You should immediately file and serve your petition for divorce along with a request for order to establish a parenting plan with your children that is enforceable by the court. The children should not be subjected to mom's visitation refusals because you and your ex are not getting along.
Answer Applies to: California
Replied: 6/5/2015
    Law Office of Martin A. Kahan | Martin A. Kahan
    When the divorce begins, you will have a court order for custody and visitation. You should consult with a family law lawyer re visitation since each case is different.
    Answer Applies to: California
    Replied: 6/5/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Visitation can be negotiated but if one party does not want to negotiate the other party can go to Court.
    Answer Applies to: Florida
    Replied: 6/5/2015
    John Russo | John Russo
    No, especially if you have a good divorce attorney.
    Answer Applies to: Rhode Island
    Replied: 6/5/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    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.
    Answer Applies to: Michigan
    Replied: 6/5/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    Maybe or maybe not. There isn't enough information to better answer.
    Answer Applies to: California
    Replied: 6/5/2015
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    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.
    Answer Applies to: Wisconsin
    Replied: 6/5/2015
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