Legal Question in Family Law in Arkansas

separation and child visitation

My husband and I are separated. He wants overnight visitation rights to our 8 month old infant. Am i forced to allow this before the divorce is final? What are his rights if she is in my care?


Asked on 4/09/07, 1:14 pm

1 Answer from Attorneys

Brandon Moffitt Moffitt & Phillips, PLLC

Re: separation and child visitation

In my opinion, whether or not you are forced to allow this at this point is irrelevant.

If your husband forces the issue, a court will award him reasonable visitation (usually by a temporary order for custody and support) as soon as the divorce is filed and a temporary hearing is held. That order will govern until the divorce is final.

If there are no reasons to keep the child from him, other than the problems between you and him, then you should allow him to see the child. If you do not, it could adversely effect you once the matter is before the Court (especially if he seeks custody of the child).

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Answered on 4/09/07, 1:30 pm


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