Q: Can my wife keep my kids from me during a separation? can she call the police if they visit with me? I have no felonies.
I have a new address and would like my kids for a weekend and visits. I am going through the first stages of Divorce (separation.) Can my wife dictate how/when and where my visits will be if it happens at all? Do I have the right to have my kids visit with me? Can she call the police on me if they go with me for a weekend visit?
A: You need to read the provisions of Florida Statutes, Section 61.13(3). I can send it to you in pdf format because it is a bit hard to find in the statutes. She should read it too, because denying you time-sharing with your children can work to her disfavor. Of course, the best thing to do is hire a family attorney in your area. The statute gives a number of factors that the court will consider when making decisions about children, and one of the most important factors to the judges in this state is the willingness and ability of each parent to allow contact with the other parent. A parent who does not allow contact might not get what she wants at all.
A:
She Cannot just do that, you have rights.
Use of a lawyer is recommended
John A. Smitten, Esquire
Carey and Leisure
622 Bypass Drive, Suite 100
Clearwater, FL 33764
727-799-3900 ph
727-490-4944 fax
jsmitten@careyandleisure.com
www.careyandleisure.com
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