Child Custody before Divorce

IQOTD

Q:  Is there any other way to get parenting time with my daughter other than filling for divorce or legal separation?  My wife left moved to her mother's and I haven't seen my 2yr daughter in 2 weeks. My wife said she wants a divorce but nothing has been filed to my knowledge, I want to fix our marriage but in the mean time I want to be able to see my daughter and my wife has been ignoring me and not letting me see her what options do I have

A:  I tell all my new clients: "You need to start acting right now like the kind of parent you want the Judge to think you are".  So, it is dangerous to set a precedent of allowing Mother to prevent access.  PERHAPS a demand letter from an attorney which EMPHASIZES that, while you hope for reconciliation, you also cannot accept being prevented from regular access to your daughter, would be effective.

But, ultimately, if she will not respond in a reasonable manner, you must file, even if for just Legal Separation.  Pursuant to Arizona law, your Judge will be required, consistent with the child's best interests, to adopt a parenting plan that provides for both parents to share legal decision-making regarding their child and that maximizes their respective parenting time.

Don't wait too long in order to avoid setting a precedent.  I do wish you the best in your efforts at reconciliation.

A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, ½ hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your matter and develop a plan.  I would encourage you to quickly schedule this free consultation.

If you have questions like this, visit our website at www.familylawaz.com or call 602-256-7575 for a free consultation.