What are my rights regarding child visitation when the wife leaves?

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My wife left almost 2 months ago...she's been living with family and friends in Indiana. She finally has returned to the area, but will only allow me to see the kids for an hour. And it can't be at my home (too stressful for kids). I plan on filling for divorce and custody asap, but in the meantime, I sure miss my kids. Aged 4 and 1.

Attorney Answer

1
Edward Angel ·
You can petition for divorce and a temporary custody order will go into effect pursuant to the South Dakota parenting guidelines once the complaint, summons, and a copy of those guidelines are served upon her. The parent who has been the primary physical custodian the preceding twelve months typically becomes the primary physical custodian once the guidelines are served, unless and until a judge enters a temporary custody order otherwise. If you cannot agree to the terms provided for by the South Dakota Parenting Guidelines, then best to get a temporary custody hearing and order as soon as possible. Talk with a family law attorney near you for more information. Use the "Find a lawyer" option at the top of your screen to start your search.
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