What are my child custody rights? 2 Answers as of April 07, 2011

My wife of two weeks wants a divorce because i haven't officially moved into her house yet or been able to get my ex to change back to her maiden name. She is also telling me I cannot see our 9 month old son until I have a court order. I know I have just as many rights to him as she does, but how do I get him when I want to see him? I already emailed her a proposal but she said she won't agree to anything without court orders. I have keys to her house but don't know if it would be illegal if I used them to go in and get my son. What should I do and how long does it take to get a court order for something like this? Thank you.

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Stuart Jon Bierman  Attorney at Law
Stuart Jon Bierman Attorney at Law | Stuart Jon Bierman
You should make an appointment with an attorney to discuss your legal rights and to figure out the best way to resolve this situation. Since you have a very young child it seems like you should try to avoid a court battle that generates even more animosity but instead try to work out an out-of-court arrangement and a reconciliation so that your long-term interests (including having an amicable relationship with the mother of your child) can be maximized.
Answer Applies to: New Jersey
Replied: 4/7/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
Your wife of two weeks wants a divorce because of what? The reasons she gives just do not make sense. OK, you want to see your child, and she does not want to let you. Sounds like you need a family law attorney to get this back on track. You should not go into her house, especially if she is making some threats. Please get some legal advice before you do anything. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
Answer Applies to: New Jersey
Replied: 4/7/2011
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