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!