Out-of-State Visitation Chances?


#1

Is anyone involved in this case living in North Carolina? We are only able to provide help with North Carolina issues as we are licensed only in North Carolina.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Due to the economic down turn in Atlanta, GA, my position was eliminated in October 2002. Unfortunately, I was not able to find employment in Atlanta that would allow me to support my children as well as myself. I was forced to look nationally for employment. I finally found a very family oriented company and had to relocate to New Jersey.

Yvette, who has physical custody of our 3 children ages 10, 7, 6, is seeking to minimize the children visitation with their father, Rodrick, during the summer months the children are out of school.

I have made the following proposal to Yvette during mediation in the Clayton County Alternative Dispute Resolution office: The children come to New Jersey to visit their father for a total of 8 weeks (with a minimum 6 continuous weeks and 2 additional weeks). She made the statement that the children would experience anxiety being away from their Atlanta home for so long. Thus, I propose that the children initial stay would be 6 weeks and build to 8 weeks. The first year would be broken into 4 continuous weeks and then 2 additional week along with an assigned guardian advising us on the children adaptation of being away from Atlanta. The next year would be broken into 6 continuous weeks and then 2 additional week with continuing the evaluation with a assigned guardian advising us on the children adaptation to being away from Atlanta.

Her proposal was for the children to visit a total of 4 weeks (2 continuous weeks) the first year and a maximum of 5 weeks (3 continuous weeks).

My questions are:

  1. What are my chances of getting 8 weeks (6 continous weeks) of my children’s summer vacation?
  2. What can I do to improve my chances of getting the 8 weeks during the summer?

Thank you in advance for your advice.