Legal Question in Family Law in California
Agreements and Jurisdiction
To make it short--
Prior to a divorce the wife gets a job offer in CA, the husband does not block the move because he does not want to cause undue hardship to his son. The husband and wife sit down and draft an agreement that details visitation, support and that NJ will retain jurisdiction over all matters regarding the son. They have this agreement notarized.Now wife is saying that she was under stress when she signed so it is not valid and she is also saying that because the husband returned his son to CA two weeks earlier than scheduled ( agreed upon summer visit is 8 weeks) at the request of the child (5years old and first time away from mother so he was homesick) that husband broke the agreement.
This was a mutual decision on both parents parts to bring the son back to CA early.
Is she correct that the agreement was broken? and if it becomes something that can't be resolved amicably does NJ retain jurisdiciton?
and shouldn't father's who want to remain involved in ALL aspects of their children's lives have some rights?
1 Answer from Attorneys
Re: Agreements and Jurisdiction
The father does have rights. The agreement for NJ to keep jurisdiction may or may not be enforceable depending on the circumstances. Returning the child early by mutual agreement does not "break" the agreement, it simply changes it.
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