Can I petition for visitation and/or shared custody before a divorce petition is filed?

Asked over 2 years ago - Winter Haven, FL

My wife and I aren't legally separated. She moved to a neighboring county (she won't tell me her address) and said she’s filing for divorce. Our 4 month old daughter has been living with her since the separation M-F and with me every other Saturday. To add, my wife has been very inconsistent with allowing me to see my baby. She won’t even allow me to take her to GA to visit family for a few days. I’m not sure when she’s planning to file for divorce, but I want to know what I can do in the meantime to establish some time of set visitation/custody with my daughter. Or do I have to wait until the start of divorce proceedings? I’ve tried to deal with her in a civil way, but it isn’t getting me anywhere. Without something in place NOW, it seems I’ll always be DENIED access to my child. Help!

Attorney answers (1)

  1. Juna Madray Pulayya

    Contributor Level 15


    Lawyers agree

    Answered . Yes, you can file a motion for temporary relief establishing a temporary parenting plan. Also, I would suggest you document all of your attempts in seeing your minor child. I would suggest having an attorney assist you in your motion and in the dissolution of marriage.

    JMP Law, P.A.
    Juna M. Pulayya

    Legal disclaimer: This response does not create an attorney-client relationship. You should not use, interpret, or... more

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