Visitation During Divorce

by Francis from Florida

Visitation During Divorce:
Can a father visit the child while undergoing divorce litigation?

My wife and I are getting divorced and she had filed a restraining order which was later dropped by the judge however, the judge advised me not to contact her or come see her.

How can I visit or see my child if she is with her?

Answer to Florida Court Forms Child Visitation Question

Dear Francis,

Sounds like a Catch-22 situation to me. With your divorce paperwork you should have filed a Parenting Plan, Form 12.995(a) which spells out child visitation arrangements.

I am guessing that you already filed that, but since you haven't had your divorce hearing yet, there is no visitation order yet.

I may be going out on a limb by saying this, but from what you've said, it seems to me that, technically, since the restraining order was dropped, there is nothing to legally prevent you from contacting your wife to arrange child visitation.

Tread lightly and heed the judges advice. Make sure that you don't put yourself in a confrontational situation with your wife. Your day in court will come. Patience is my best advice.

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Our Self Help Guide, Modifying Custody & Visitation in Florida, helps you navigate the court process and procedures once you file your documents with easy to follow checklists, links to websites, important addresses & phone numbers, and much more. Modifying Custody & Visitation In Florida

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Back to Florida Court Forms from Visitation During Divorce

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