I agree with the other counsel as to the law. As to the facts, does your separation agreement address custody, child support and visitation? Have you ever been to Family Court in NY or NJ to address custody, support or visitation issues? These agreements and orders aren't automatically disturbed or vacated because you are taking the final step of becoming divorced. Take this up with your divorce attorney as soon as possible and bring him or her copies of any existing agreements or orders that bear on the issues regarding your minor children. If the issues haven't been formally addressed, you should bring a petition in Family Court in the state where the children have resided for more than six months (I presume this is NJ and your soon to be ex has sole physical custody). Also, you may seek "joint legal custody" which gives you decisionmaking power in conjunction with your ex for major decisions.
This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states that any information provided is not intended as legal advice or to create an attorney-client relationship between you and Mr. Lebowitz or any other attorney. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely solely upon Legal Information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at http://www.avvo.com/support/terms . In addition, while similar legal principles often apply in many states, Mr. Lebowitz is only licensed to practice in the State of New York and Federal Courts. Any general information he provides about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1) also require me to inform you that my answers and attorney profile posted on the Avvo.com site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".
Hire a lawyer to file suit in NY. She can't dictate where and how you may visit your child without a Court order. Once you file for divorce and if you agree for the wife to have temp. custody, then you should bring a motion in court awarding you temp over night visitation rights. In the end the Court will have to determine what is the best interest of the child with regards to visitation.
Not unless there is a reason that visiting you in New York would be harmful/contrary to the child's best interests. I suggest you hire a lawyer and get a detailed custody/visitation schedule in writing so there's no confusion. If she won't agree you may have to have a hearing on the issue
She cannot dictate how you exercise your patenting time with your child. Hire an attorney to address the custody issue in the context of the divorce. If you already have a custody order and it does not provide for travel to NJ, file a petition to modify the order.
Your wife does not have the right to impose those terms on your visitation. If she refuses to provide the child for visitation, bring a motion for contempt.
It is always advisable to contact an attorney. For a consultation, please contact my office at 516-669-3295. We are located in West Babylon, NY and proudly offer very low rates and free consultations. <a href="http://www.LouisLSternbergLaw.com">Please visit us on the web.</a>
If you have not been to court in NJ previously on issues pertaining to your children, you should immediately file for divorce in NY so the NY courts will be most likely to have jurisdiction over related issues in dispute, including child custody and visitation. Good luck!
Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: email@example.com. All of Ms. Brownâ€™s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
Essentially every attorney that has previously commented provided you with appropriate information and strategy. You need to synthesize everyone's comments and utilize them. There is no basis for your wife to prevent you from seeing your child in NYC unless there was some abuse or neglect that would make visitation with your child in NYC not in your child's best interests. Assuming there was no such issues, it seems she is trying to impose conditions on you that would not be enforced in court. She may very well be overplaying her hand and, based on my prior experience in these situations, if you cave on this issue you can reasonably expect that she will be emboldened to make unreasonable demands of you in the future. I recommend that you immediately contact an attorney to prepare the necessary legal papers and that you have those filed ASAP.
Sign up to receive a 5-part series of useful information and advice about child custody law.