QUESTION

Can wife take my son to her parents and deny access?

Asked on Sep 11th, 2016 on Divorce - New Jersey
More details to this question:
My wife told me she wants a divorce. In the past she has taken our son to her parents and either denied me access to him or said I could only see him when she was there. I am a teacher and was not working at the time so my son was with her mom for 8 hours a day. I fear that she will do this again and I don't want my son to be scared by this and lose out on the precious time we have together. Can I prevent this? If she does this how can I ensure that our son gets to see his father?
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1 ANSWER

Family and Matrimonial Law Attorney serving Parsippany, NJ
4 Awards
As a parent, you have rights regarding your child regardless of your work schedule.  If your wife is denying you access to your son, you may consider filing an application with the court for parenting time.  The court allows married persons to file applications regarding custody, parenting time and other issues without first filing for divorce. This is referred to as a Non-Dissolution application or action.  Another option you may consider is to file a Complaint for Divorce along with a motion requesting the court order a parenting time schedule.  Whichever option you choose, it is important to act before a status quo is created that may make it difficult for you to change in the future. The attorneys at Weinberger Law Group offer a free initial consultation.  We are happy to discuss with you your options and work with you to develop a strategy or plan based on your unique circumstances.  Call today to schedule your appointment. The weblink to the Non-Dissolution application I referred to above is: http://www.judiciary.state.nj.us/prose/11492_fd_initial_appl_kit.pdf You may also find the following websites to be informative: http://www.weinbergerlawgroup.com/blog/newjersey-child-parenting-issues/parenting-time-vs-visitation-whats-difference/ http://www.weinbergerlawgroup.com/children-parenting/child-custody/ http://www.weinbergerlawgroup.com/children-parenting/child-custody/visitation-time-plans.aspx
Answered on Oct 11th, 2016 at 8:20 AM

The information we provide is not, nor is it intended to be, legal advice. These answers are designed for general information only. You should consult an attorney for advice regarding your specific situation. Our website, www.WLG.com, will provide you with a wealth of valuable information in addition to the best way to contact us.

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