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Visitation before trial?

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bobm345

Junior Member
What is the name of your state? Arizona.

Hope this is the right area for this issue and I word this correctly...

We have not had final court disposition for divorce. It was scheduled for last Friday but was canceled by the Court.

We are separated and the wife is refusing to any pretrial agreement on visitation/custody.
She has not allowed me to see or visit our children.
There is no court order that states I cannot see them or go to the house to visit.
However, my lawyer has advised that I not go there against her wishes which I understand.

After meeting with my lawyer yesterday and telling him I had not been able to see our children for 3 weeks he advised that I call her and see if we can't agree. I did and of course she refused, bluntly telling me never to call her again and that I not direct this question to her but call my lawyer instead. I told her I would indeed speak with him but what would end up happening is he would call your lawyer who would then call you and it's just going to cost us both more money.

I did call my lawyer and left detailed information as to my conversation with her with his assistant. She said he would call her lawyer today but probably not be able to get back to me for a couple days hence my question here: I am trying to get some information as soon as possible.

The major issue I have now is that our newly scheduled trial date is July 30!!!!! I have not seen the children for almost a month now and this new date means I won't see them for another two months!

Is it possible for my side to be explained to the court and the case expedited?
What are the options?

Thanks....
 


bobm345

Junior Member
Why didn't you get a temporary order for visitation?
She filed for the divorce almost exactly 1 year ago. I was working out of state, not due to return until December. My understanding with the temporary order is that it is issued early on in the process and generally is assigned to the person with whom the children primarily live with?

We met and attempted to negotiate terms three weeks ago. At that time, we both had agreed to custody/visitation. However, when financial discussions came up she blatantly lied and my lawyer ended the discussion. He stated that we all knew she was lying and she was leaving us with no choice but to deposition her. She was depositioned last week, 4 days before the scheduled trial. At the deposition we again tried to come to agreement on visitation. It was at this time that stated she would not agree to any sort of visitation. We assumed that since we were going to trial in a few days that it would be solved then.

She believed that by filing for divorce that it would just mean that things end there and she would keep everything. However, in the 15 years together we have come to own 3 houses and our own business. She is extremely upset about the division of assets and is simply using the kids to get back at me (these are her own words).

Is it possible to file (?) an amended temporary custody order?
 

LdiJ

Senior Member
She filed for the divorce almost exactly 1 year ago. I was working out of state, not due to return until December. My understanding with the temporary order is that it is issued early on in the process and generally is assigned to the person with whom the children primarily live with?

We met and attempted to negotiate terms three weeks ago. At that time, we both had agreed to custody/visitation. However, when financial discussions came up she blatantly lied and my lawyer ended the discussion. He stated that we all knew she was lying and she was leaving us with no choice but to deposition her. She was depositioned last week, 4 days before the scheduled trial. At the deposition we again tried to come to agreement on visitation. It was at this time that stated she would not agree to any sort of visitation. We assumed that since we were going to trial in a few days that it would be solved then.

She believed that by filing for divorce that it would just mean that things end there and she would keep everything. However, in the 15 years together we have come to own 3 houses and our own business. She is extremely upset about the division of assets and is simply using the kids to get back at me (these are her own words).

Is it possible to file (?) an amended temporary custody order?
Normally, a temporary custody order also awards temporary visitation to the other parent. Was yours silent on that issue or did it have a generic clause like "liberal visitation" or "visitation as agreed"?

If so, that's problematic. You should really talk to your attorney about these issues, as your attorney is familiar with your case, and we are not.
 

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