I have been separated for over 4 years and working to get my divorce completed my wife has told me what kind of visitation I have with my kids 15 and 7 years old what weekends I have them and such I was to have them for 10 days over Christmas but she had changed her mind and wont let me see them I don't recall ever getting a visitation agreement but she is referring to. I would like to contact the sheriffs department to let them know what is going on but I dont have any papers to proof that I have visitation since this is suppose to be my time with the kids. my question is it possible to have a visitation agreement without being divorced and where can I either file for one or get a copy if one already exists
In general, yes you can file a Suit Affecting the Parent Child Relationship a.k.a. SAPCR and get orders for custody, visitation and child support even though you have not filed for divorce. I am concerned about the paper you are referring to, because that may have already been done depending on whether the paper is a court order or something else. If you have court ordered visitation, you can make a police report and file a motion for enforcement against her for any violation if you show up at the date, place and time for visitation indicated in the order. Talk to an attorney in person about your situation for the best advice.
Ms. Laster practices in Dallas, Denton, Collin and Tarrant Coun
First you have to find out if there are actually custody orders in place right now.
Are you paying child-support have you been ordered to pay child support? Have either of you filed for divorce or conservatorship of the children?
If there are no orders in place and you both have equal rights to the children. Either way at this point it is important that you file something with the court.
You really need to speak with an attorney about this to get the custod,y visitation, and support worked out.
Hire a lawyer. If there are orders, you should have been served. If there are no orders, file suit to get some. The order will include a chikd support order.
it may not really make sense top do this order separately from the divorce. You need the advice of your own lawyer.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
Your question does not expressly state whether either you or your wife have filed a petition for divorce although if you are "working to get (your) divorce completed," that would suggest one of you has filed. If that is incorrect, the first step is either to file a divorce which must include a parent-child relationship suit. Under either scenario, you or your attorney would file a notice of hearing for temporary orders to have a judge make temporary orders specifying each parent's rights and terms of possession of the children. On motion of either party or on the court's own motion, the Court must confer with your 15-year-old as to conservatorship and/or possession orders. Normally you are minimally presumed to be entitled to Standard Possession Order guideline visitation. As your case appears to be contested and even if not, you are strongly advised to retain legal counsel to assert your parental rights and your children's best interests. The Sheriff's Department or law enforcement normally will inform you that this is a civil matter that you need to address through the court unless you have an existing possession order in which case they can assist you in getting possession of your children with the court order though they may still inform you that you need to file legal action through court if you are being denied "court-ordered" rights. You are strongly advised to consult with and retain legal counsel.
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