Question

Your wife cannot permanently take the child out of state and interfere with your ability to have a close relationship with your child.
No court would ever condone such a unilateral move.
If necessary, go to family court in your jurisdiction and discuss with a family court assistant what steps you should take to prevent such a move.
If you are divorcing, you could file for divorce and then have the judge stop the move.
Leonard Weiner, Esq./Divorce Solutions

Question #3

I am not aware of any state statute which prohibits an individual from dating, whether before or after divorce papers have been filed. Nevertheless, I think you should seriously consider the possible outcome of dating and becoming seriously involved with another person before you have actually received your divorce. Bigamy is still illegal in most states in the United States, and you will be providing your spouse ammunition to use against you during settlement negotiations and or trial.

Be careful!

Leonard M. Weiner, Esq./Divorce Solutions

Question #4

Does your religion permit murder?

Seriously, this is a question you should be asking your clergyman, and I suggest you consult with him.

Leonard M. Weiner, Esq./Divorce Solutions

Question #5

A similar question was recently ed, and I suggest that you review the previous questions and s on the web site.

Question #6

I believe that the children suffer most in a divorce from the fear of the disintegration of the family unit, which children need for growth and security during their tender years. In addition, the pitched battles that ensue between the two parents cause much anguish and emotional trauma to the children who love both parents and are torn by the dissention.

Such children need constant assurance that their security will not be threatened and that their parents, although no longer loving each other, still continue to love each one of the children and will provide and protect them.

Leonard M. Weiner, Esq./Divorce Solutions

Question #7

I am not familiar with the wiretap laws in the State of Texas, and I strongly recommend that you find your attorney and get the proper legal advice. Generally, such conversations are both inadmissible, and in New York State, they are illegal.

Leonard M. Weiner, Esq./Divorce Solutions

Question #8

I am assuming from your question that you and your spouse are now living separately. I am not aware of any law in New Jersey or any other state which expressly forbids a boyfriend or girlfriend from staying overnight when children are present. However, the courts have looked askance at such practices and have used it, in some instances, as a basis to grant child custody to the other spouse, especially when the children are upset about the presence of the boyfriend or girlfriend.

I suggest that you call me at 212-370-1660 to arrange for a meeting or call your local bar association to locate and experienced lawyer-mediator who is specially trained in divorce mediation.

Leonard M. Weiner, Esq.-Divorce Solutions

Question #9

I strongly suggest that you contact an attorney-mediator in North Carolina who is familiar with the specific divorce statutes in your State and who can answer all of your particular state divorce questions, including the question regarding avoiding a year separation period properly.

Concerning the separation period and its effect on your child, if you are convinced that you must separate and that there is no reason to believe that you will rejoin your spouse, I suggest that you terminate the relationship immediately, and get on with the rest of your life. The child will be best served by being in a stable environment, with a fixed regiment and the expectancy of a stable home, and should not be subjected to being in limbo for an extended period of time beyond that which is unavoidable.

Question #10

You should not enter into a settlement agreement without proper advice and counsel. I recommend that you seek an attorney-mediator who is qualified to mediate between you and your spouse and who will draw up the necessary separation agreement in such legal form that it will legally satisfy the court having jurisdiction over your divorce. This separation agreement should be filed in the appropriate court, and once filed may be enforced by the courts in the event he reneges.