If my wife and I separated recently but neither of us have filed any motions, what can I do if now she is keeping me from seeing my child?

Is this legal?

Asked on November 2, 2015 under Family Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Are you legally separated? If not, then you and your wife share equal rights to custody of your children.  Accordingly, you can either work out a visitation schedule with her, pending a legal separation/divorce or file a complaint in family court to obtain legal custody. You will be able to get a preliminary decision on custody until the separation/divorce is completed. Once it is, you will get a final decision on custody, visitation and child support; in the meantime you can obtain an temporary order.
At this point, you may want to consult directly with a divorce attorney in your area.


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