If my wife and I separated recently but neither of us have filed any motions, what can I do if now she is keeping me from seeing my child?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my wife and I separated recently but neither of us have filed any motions, what can I do if now she is keeping me from seeing my child?
Is this legal?
Asked on November 2, 2015 under Family Law, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Are you legally separated? If not, then you and your wife share equal rights to custody of your children. Accordingly, you can either work out a visitation schedule with her, pending a legal separation/divorce or file a complaint in family court to obtain legal custody. You will be able to get a preliminary decision on custody until the separation/divorce is completed. Once it is, you will get a final decision on custody, visitation and child support; in the meantime you can obtain an temporary order.
At this point, you may want to consult directly with a divorce attorney in your area.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.