Brooklyn, NY asked in Child Custody, Child Support, Divorce and Family Law for New Jersey

Q: Can I file for visitation and custody arrangements before a divorce has started?

I am currently on child support in NY state and my estranged spouse and I both reside in NJ state. We have been living apart for 5 years and I am currently being denied physical access to my 11 year old child.

1 Lawyer Answer
Richard Diamond
Richard Diamond
Answered
  • Divorce Lawyer
  • Millburn, NJ
  • Licensed in New Jersey

A: The short answer is that you can file an FD complaint for visitation and have a family part judge enter an order for parenting time. But if you and she have been apart for 5 years, maybe its time to file the divorce action and then the application for parenting time as part of the divorce.

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