Visitation during separation


#1

Dear nextex:

Greetings. Neither party is “responsible” for drafting a separation agreement, parenting agreement (which you called a visitation agreement), or any other document dealing with the separation of the parties. Instead, people who want their rights defined and the custody schedule on paper have the agreement drafted. Generally, both parties pay their own fees in drafting agreements.

Yes, I believe it is unwise not to have an agreement between hyou and your ex, since you NEVER know what may happen and when you will need your rights defined.

Yes, leaving the marital residence without a separation agreement or a non-abandonment agreement is abandonment. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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

I have not filed for a legal separation but my spouse and I maintain separate residences and this will end in divorce. Who is responsible for drawing up a visitation agreement? I am the custodial parent in the marital residence and nothing indicates that will change. Is it unwise not to have a visitation agreement during the period of separation?

One more question: if a spouse leaves without drawing up a legal separation is that abandonment?

Thank you.