How Do I Get Visitation Rights During The Separation Period?

advice on divorceQuestion:

I need divorce advice on child custody laws and being allowed visitation rights to see my children during the separation process.

My wife has kicked me out of the marital home while we decide if we want to divorce. During this time she often refuses to let me see or even speak to our daughter.

Are there available options for me to obtain custody or a visitation agreement during this marriage separation period so that I can see my children?


This answer only includes general divorce help for men since I am only licensed to practice in Oklahoma and am thus unable to provide advice on child custody laws in your state.

In order to use the court system to force your wife to allow you to see your daughter, you must first ask the court to hear your case. In your situation, this likely means filing for divorce. In order to have your right to your child enforced by the court, you’re going to have to submit your case to the court and ask the court for help.

Once you’ve filed for divorce, most jurisdictions allow a party to ask the court for a temporary order that lays out the rules the parties must obey during the divorce process. Typically a temporary order will deal with many of the issues covered by the final decree, i.e., division of property and debt, alimony, child custody, visitation, and child support.

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Divorce and Visitation Rights

If your wife is forcing you out of the house and denying you visitation with your daughter, the court will be able to help.

If it still may be some time before you are able to move forward with your divorce filing, keep a log of each time you request visitation with your child and the reason your wife gives you for not allowing it. This sort of information can be extremely helpful in a hearing before the court later down the line.

Please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion of fathers rights and advice on divorce, I urge you to contact a divorce lawyer.

To set up an appointment with a Cordell and Cordell mens divorce attorney, including Christian D. Barnard, an Associate Attorney in the Tulsa, Oklahoma, office, please contact Cordell & Cordell.

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