If my wife took our 3 year old daughterto her parents house a week ago and filed for divorce but now they won’t let me see or speak to her, what are my rights?

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If my wife took our 3 year old daughterto her parents house a week ago and filed for divorce but now they won’t let me see or speak to her, what are my rights?

Asked on November 16, 2012 under Family Law, Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You have every right to see this child unless a temporary restraining order has been filed against you. You need to petition the court in an answer to the divorce and a motion of your own volition to force an interim custody and visitation order, as well as the arrangement of child support. Better to hire a family law attorney at this point because it seems this is going to be a contentious divorce.


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