HOW OFTEN WILL I BE ABLE TO SEE MY CHILDREN DURING THE DIVORCE?
In most cases, parents without primary custody, will have visitation under a Standard Possession Order.
Unless the parties are willing to agree to something different, the following usually applies to families living within 100 miles of each other:
- Visitation on the 1st, 3rd, 5th weekends of the month. (6 p.m. Friday to 6 p.m. on Sunday.
- Every Wednesday evening during the school year (when school lets out until 8 p.m.)
- Thirty (30) days in the summer
- Mother’s/Father’s Day
- Part of the child’s birthday
- Major holidays are split between the parties
WHAT ARE TEMPORARY ORDERS?
- While the divorce is pending, your attorney will obtain Temporary Orders, either by going to Court, or by agreement, which will establish the both parties responsibilities for and access to such things as: financial resources, personal property if any and payment of debts. If there are children involved, the temporary orders will also lay out custody, access, visitation and child support until the finalization of the divorce. The goal of the Temporary Orders will be in making determinations which are in the best interest of the children, and to maintain a healthy relationship between each child and both parents.
WHAT IS A TEMPORARY RESTRAINING ORDER?
- A Temporary Restraining Order or “TRO” is a Court Order which protects the parties financial assets. A Temporary Restraining Order is sought to prevent either party from draining the parties bank accounts. A TRO can be granted without prior notice to the opposing party. After the Temporary Restraining Order is granted, it is then served on the opposing party.
WHAT IS A PROTECTIVE ORDER?
- A Protective Order is an Order by the Court when there are allegations of family violence. A Protective Order restricts an abuser from confronting the abused person, or their family, either in person, by telephone, or by any other means. The Police can enforce a Protective Order, meaning they can arrest the abuser if they violate a Protective Order, and the abuser can be charged with a criminal offense.