Legal Question in Family Law in Florida
Divorce, Child Custody
Though we have been legally seperated for over a year, my wife filed for the divorce this month, I was just served. Yesterday was Father's Day and my wife denied any contact with my daughter. we have no custody arraingements in place yet. Is there anyway for me to get some time with my little girl. We will now begin going through the process of the divorce and it is going to be rough on her. I want to assure that my daughter has some quality time with me. This is very important to me. I am a father that wants to be with my child. Help me see my girl!
2 Answers from Attorneys
Re: Divorce, Child Custody
Yes. There are things that can be done, usually by getting the court involved in the process. Courts usually want to encourage visitation with both parents. Please do not hesitate to contact an attorney to help you with that matter.
Re: Divorce, Child Custody
You must petition the court for a temporary custody/visitation order. This is a very important step. You will have a hearing with the court in which you/your attorney will get to argue what you are seeking and why you should get it (unless the other spouse does not contest what you are asking for or you negotiate a temporary agreement). Try to come close to what you want permanently because whatever the temporary arragements are, the court is likely to make that permanent if it seems to work for the child. Also, your ability to parent (as well as your spouse's) will be evaluated according to your conduct during this separation. You want to get plenty of time with your child but also be involved in her life (meet with her teachers, take her to doctors' appointments, know her favorite color and movie, etc.). If you later seek custody, how involved you have been and how successful your parenting has been will be compared to your wife's. So, the temporary agreement is quite important.