How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger, Attorney
Category: Legal
Satisfied Customers: 31733
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Type Your Legal Question Here...
Roger is online now
A new question is answered every 9 seconds

I recently filed to divorce my wife after winning a case of

This answer was rated:

I recently filed to divorce my wife after winning a case of alleged harassment and obtaining a revocation of the order of protection from the same court that tried the case.My wife deposed falsely in an affidavit that i threatened to kill her.
Despite the revocation of the order of protection, my wife refused me access to my apartment and kids for 3 months going.
The court is yet to hear the case and i want to see my children and support them pending the determination of the divorce suit but i am being careful with my wife raising her false allegation the second time.
How do i go about it?

Hi - my name is XXXXX XXXXX I'm a litigation attorney here to assist you.


You can file a motion for temporary visitation and custody to establish a time for you to visit with the children until the divorce is final. The court should hear this quickly and give an order until a final divorce decree is entered with permanent visitation and custody guidelines.

Customer: replied 6 years ago.

I filed the divorce suit at the county supreme court. Would i file the motion for temporary visitation and custody at the same or another court?


What arguments would favor my request with the court since the eldest child is 6 and the youngest is just eight months old?

You would file the request for custody with the same court where the divorce is pending.

The argument for temporary custody is that you want to maintain your relationship with your children.
Roger and 4 other Legal Specialists are ready to help you
Here's a helpful link that outlines the divorce process in NY: