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.
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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