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Nov 29
1999
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Ask a Lawyer: Visitation rights during separationPosted by: Dads Divorce on Nov 29, 1999 Tagged in: Visitation , Visitation , TX , Separation , rights , Parenting , motion , denial , custody , Ask A Lawyer
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Question:
I'm currently separated and I'm in the process of starting the paperwork for a divorce. However, at the current time my wife will not allow me to see my son. I have been keeping all of my receipts and any paperwork that shows that I have been with my son. I'm the only one that has ever taken him to the doctor and so on. Will you please send me information regarding my legal rights to see my son. Can his mother legally keep me from seeing him and if not? What steps can I take before the divorce to see him. V/R, Perry Larkins
Answer:
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Texas. You are entitled to see your son during the divorce process. You need to file and request a temporary custody order (interim). You need to continue to demand to see your son before the hearing on this Motion (and filing for divorce) and keep records of everything that occurs in that regard. Make the requests in writing via email if possible. It will show the court her denial of the time.
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