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If there is no court order and divorce has not been filed yet can I see my kids?

by Jason
(Ocala, FL, Marion)

My (soon to be ex) wife and I are filing for divorce. We've had papers in hand for over nearly 18 months and finally decided it's time to file. I recently moved into my own house and she is telling me I can have only standard Marion County Florida visitation.

I was thinking since there is no court order in place and the divorce hasn't even been filed yet...that I have equal rights to my kids...which in my mind is 50/50 time sharing until a court order is in place.

I have 48 hours before I would have my kids even if it was only for standard visitation so I need help fast. If I can only have them for standard visitation I will of course abide by the law but I just don't see how that would be the case.

Thank you.

Comments for If there is no court order and divorce has not been filed yet can I see my kids?

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Standard Visitation or 50/50 prior to court order?
by: FALDP Staff

Hi Jason,
I am not an attorney and please do not consider this as legal advice. As far as I know, if there is no court order, parties are still married, both parents have equal rights to see their children. No doubt this can be awkward if you disagree. Also, in general, Florida courts favor shared parental responsibility. Whether the ultimate parenting plan is 50/50, every other weekend, or something in between depends on what is in the best interests of the children. The standard parenting plans published by counties are not meant to be the only possible time-sharing (visitation) arrangement.

Please feel free to contact us at 800-515-0496.

The FALDP Team

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