Am I getting fair visitation on my daughter once my wife moves?

04/28/2009 - Category:Divorce - Child Custody - State: NJ #16239

Full Question:

My wife and I are almost in full agreement. However, she is moving back to New Jersey with our 3 year old daughter. I would have 50 days of visitation. There is absolutely no fault. Am I being naive to let her leave like that?

Answer:

I am unable to give a definite answer, as it is one of personal judgment and trust. In order to be guilty of parental kidnapping, a parent must intend to deprive the other parent of visitation. If you have doubts about the ability to enforce the visitation agreement, a separation agreement can be filed with the court. Legal separation is similar to a divorce in that papers are filed, there is often a custody or property settlement ordered by the court, but the parties remain married.

Please see the information at the following links:

http://definitions.uslegal.com/p/parental-kidnapping/
http://definitions.uslegal.com/p/parenting-plan/
http://definitions.uslegal.com/d/domestic-relations-legal-separation/
http://definitions.uslegal.com/d/domestic-relations-separation-agreements/
http://lawdigest.uslegal.com/divorce/separation-agreements/440/

04/28/2009 - Category: Child Custody - State: NJ #16239

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