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  1. #1
    Join Date
    Sep 2018
    Posts
    14

    Default Can My Wife Keep Me from Taking My Kids to My Parents

    My question involves a marriage in the state of: New Jersey

    So - I am having a rocky marriage and we sleep in separate rooms. We have a 1 year old who I would drop off for an overnight every Tuesday and pick up Wednesday. Meanwhile, her parents sleep over 4 nights a week. This has been going on for about 6 months. We had an agreement when my wife went back to work.

    Due to my wife's hatred of my mother, she is trying to bar me from taking my baby over there anymore. It is out of spite. However, my parents miss my child dearly now. I know they can come over but my father is very old and it's very hard for him to come out to my home.

    Complicating things is a recent incident where she called the police for domestic violence even though I didn't hit her. Long story short, even the clerk at town says that it doesn't sound like I hit her. Police report says there was no evidence of violence, etc.

    However, given that this happened, I'm not sure if it is safe to try to take my child to my parents. My wife has threatened to call the cops if I do. And there is the possibility that she would physically try to stop me, which concerns me because she already called the police.

    Please tell me 1.) does she have any right to do this? We are still married, 2.) What could happen if I tried to take her and she called the cops? 3.) As an attorney, would you advise that I attempt this or just have my mother come while my inlaws and wife are there?

    Honestly, it just angers me that she is doing this just to spite my mother. We had a deal and she is still getting her end, but cutting off mine. My parents want me to put my foot down and just take the baby but I am worried about the ramifications.

    Please advise - thanks!

  2. #2
    Join Date
    Jan 2006
    Posts
    37,729

    Default Re: Can My Wife Keep Me from Taking My Kids to My Parents Some Details Inside

    Until a court limits what you can do with your child, you are free to take them to the park, the zoo, or your parents home if you so desire.

  3. #3
    Join Date
    Oct 2006
    Posts
    14,762

    Default Re: Can My Wife Keep Me from Taking My Kids to My Parents Some Details Inside

    I agree with the other response, but all of the things you are worrying about, can end up happening as long as you have not established anything in court. Its probably time to get going on a divorce so that you can nail down your custodial rights and a parenting schedule. She won't be able to stop you from doing what you want as far as the child is concerned on your official parenting time.

    I am also going to rewrite your first paragraph because I had to read it half a dozen times before I was sure what you were talking about:

    So-I am having a rocky marriage and my wife and I sleep in separate rooms. We have a 1 year old that I would drop off at my mom and dad's house every Tuesday and pick up every Wednesday. Meanwhile, my wife's parents sleep over 4 nights a week. This has been going on for about six months. We had an agreement when my wife went back to work.

  4. #4
    Join Date
    Jul 2018
    Posts
    670

    Default Re: Can My Wife Keep Me from Taking My Kids to My Parents Some Details Inside

    1. No.
    2. Virtually anything.
    3. I'm not admitted in NJ.

    Sounds like you're headed for divorce, so you probably should consult with a local divorce attorney sooner than later.

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