If my wife and I are seperated but the divorce papers have not been filed yet and the kids live with her, how do I get time with them?

UPDATED: May 25, 2012

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If my wife and I are seperated but the divorce papers have not been filed yet and the kids live with her, how do I get time with them?

We had been setting up times for me to visit and I would call every night to say goodnight to my kids. She lives with her parents and our children. For the past 2 days nobody in her family will answer my calls or texts. Her mother has threatened to have me arrested if I ever show up at her house uninvited. What should I do in order to see and speak to my children. I am filing the divorce papers next week but how do I go about seeing my kids in the meantime?

Asked on May 25, 2012 under Family Law, Florida


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

Answered 10 years ago | Contributor

If there is nothinglegally keeping you from your children  - like restraining orders, etc. - then you have every right to see them.  But making a scene at her parent's home (them not you) will not be good for any of you.  You have not indicated that your relationship with your wife is that hostile (it is just her mother) so can you speak with her about maybe picking up the kids from school and dropping them off at a neutral place?  Otherwise you may have to just wait to file the divorce papers and to file an emergency custody and visitation petition with it. I think that it is time to lawyer up. Good luck.  

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