I’m not divorced yet and my wife won’t let me (husband) see child when he wants, what do I do?

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I’m not divorced yet and my wife won’t let me (husband) see child when he wants, what do I do?

My wife and I haven’t even filed for divorce yet and she is already dictating when I can or can’t see my 6 year old son. She has also changed the locks.What are my legal rights?

Asked on June 23, 2009 under Family Law, Florida

Answers:

Joanna Mitchell / Joanna Mitchell & Associates, P.A.

Answered 12 years ago | Contributor

Technically, you have just as much standing to see and spend time with your son as your Wife does. However, without a court order, there is nothing that you can do. If you were to involve the police in the matter, first, it wouldn't be good for your son, and second, the police would tell you that it is a civil matter and that you should retain an attorney. Therefore, it would be suggested to file the divorce as soon as possible and then file a "Temporary Matters" Motion in order to establish a time sharing schedule that is enforceable, as well as temporary child support. As for the house, if it is the marital residence, you still have rights and an interest in home and technically she cannot keep you out. However, again, causing some big scene would not be in the interest of your son, and could, actually, negatively affect your timesharing with your son. Therefore, again, filing a Temporary Matters motion after filing the initial divorce paperwork would be the recommended course.

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B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Divorce law and procedure differ quite a bit from one state to another, and there are almost always a considerable number of facts that have to be considered to answer any question in this area.  For advice you can rely on, you need to have your case reviewed by a lawyer in your area.  One place to look for a qualified attorney is our website, http://attorneypages.com

I'm not a Florida lawyer, but I'm sure that there is a procedure in your state that will allow you to get a temporary order setting a schedule for your time with your son, once a complaint is filed.  You should expect that temporary order to also include child support and possibly alimony as well.


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