Q: How can I get visitation of my child? Wife isn't responding to me to arrange visitation. We're separating, possibly divo
So my wife and I are separating. She is more than likely filing for divorce. We've already been to court back in April this year as she filed for a restraining order against me. The restraining order was denied in court and we were both given joint legal custody of our 1 year old daughter. We stuck to the agreement where I would see her 3-5 days out of the week. Then she filed to cancel the divorce and we were working things out. Things were fine between us for a while. Then she had me arrested for Domestic Violence, which she later admitted she self inflicted her injuries. A CPO was ordered that I stay away from her, but not our daughter. The CPO was later modified to a level 1, because my wife requested it be modified so we have peaceful contact because I didn't do what I was arrested for. But the conviction still stands as I pleaded no contest. So would the family court order for the legal joint custody still be in place?
A: The domestic violence conviction does not help your case, but it's still possible to obtain joint legal custody and physical custody. It's difficult to predict what a family court will do, especially with limited information. In any event you are not seeing your child and would like to. You may need to file a request for order for child custody and visitation or you may need to file an at issue for trial. Asking the court for orders is generally necessary when one parent denies access to a child. More facts are required to provide a thorough analysis.
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