Seven years ago, my ex wife and I divorced. At that time, she was the "custodial" parent and I had the children every weekend with "liberal visitation". Since that was signed, we haven't followed that order; I've been getting the kids half of the time, with no problem. We had an argument over which school they would attend (I wouldn't be able to drive them to the school she wanted), so I filed a petition to modify timesharing so I could have equal say and have my 50% timesharing written in an order. Since then, she will only allow me to see my kids every OTHER weekend, and only at her convenience. While I am waiting for mediation (which is 3 months away) and a hearing after that, can I file anything to get a temporary order until our actual hearing? Thank you.
Divorce / Separation Lawyer
I am sorry that you are going through this. It is a great thing you are doing with the mediation, however if it is not court ordered and you do want to speed things up,then yes you may file motions in court for what you are seeking. take care and I hope that things work out.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
Family Law Attorney
The first thing you should do is consult with and hire an experienced family law attorney. Navigating the court system alone without counsel is a BIG mistake and may have serious negative consequences for you and your children. In order to have a Motion for Temporary Relief heard in Hillsborough County you must file a Motion and attend mediation. The Court will not schedule a hearing on your Motion until mediation has taken place. An attorney can usually get a mediation date sooner and then you can have your Motion heard. If you would like to schedule a free initial consultation with me you can contact my office at 813-374-0353.
Family Law Attorney
The court usually requires mediation prior to any hearings being set however you should file a motion for temp relief now and set it right after the mediation date. Contact my office for free consultation 727-446-7659.