My wife and I have been separated for five years. I filed for divorce in October and since then she periodically prevents me from picking up my child.
She has intercepted her at school before I got there and has denied me picking her up on some Sundays, often without reason.
I used to have my daughter four days a week. Now, my wife is trying to set herself up as the majority time-sharing parent and is trying to limit the days that I have her.
There are no court orders in place, so we should have equal parenting rights. I filed for an emergency hearing for temporary custody, but it wasn’t deemed an emergency. There is now a Motion to Establish Timesharing and Parenting Plan and Motion to Enforce that was initiated by her attorney with a hearing set for May 6.
How can I stop her from limiting me seeing my child in the meantime?
I am not licensed to practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general information concerning parenting time.
You are correct that your wife should not be restricting your time. It sounds like she is only doing so to put herself in a better position for the divorce.
Because your court date is so far in the future and you could not get an earlier date, you need to hire an attorney to send a demand letter to her or her attorney demanding the parenting time remain the same until the hearing.
Where I practice in Tennessee, judges do not look favorably on parents who are restricting the other parent’s relationship with a child simply to gain an advantage in a divorce.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Tennessee divorce lawyer Kimberly Gray, contact Cordell & Cordell.
One comment on “How To Stop Parenting Time Being Restricted Before Divorce”
My ex-wife and I have joint legal custody and shared physical custody of our 3 year old son. I’ve spent 3 overnights with him per week since our separation two years ago. We are officially divorced and have a court approved agreement for custody and support.
My question is this: When my child goes to elementary school in a year and a half….how do I maintain the same schedule with him? I am a highly involved father.
What happens in these situations? How do I maintain the same schedule? I travel on the weekends for work but I am home Tuesday, Wednesday and Thursdays. Please advise