How do I get long distance visitation before/during/after divorce?

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How do I get long distance visitation before/during/after divorce?

I have not started the divorce process yet since we have not been separated for a year yet. I moved out of state (across country) at the start of our separation (I have a home, job and stable relationship here). My soon to be ex will only allow visitation if I visit her and my daughter in their home state (I go once a month; skype every week). I wish to have my daughter visit me here. I have a great relationship with her; I was an at home dad before the separation. Will I be granted court ordered time with my daughter here; she is 2.

Asked on April 2, 2012 under Family Law, West Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, a court will do what ever is in "the best interests of the child." And you should know that courts do indeed try and foster relationships between parents and children.  Now, becuase of the long distance between you and your child the court may not want her to travel accross the country that often.  But it is not unreasonable to have you take her for longer times in your neck of the woods.  She is young now but when in school most likely it would be at school vacations.  Travel arrangements should be thought out and becuase of her young age maybe you need to go and get her. And if you want visitation in the former state by your traveling how ever often you want I am sure that the court will support that as well.  You need legal help here.  Your ex does not seem reasonable.  Good luck.


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