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What are a parents rights regarding custody and visitation during a divorce?

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My wife and I have been separated (not legally) for over a year. She is dragging her feet on the divorce paperwork. Now she's messing with the times/days we've agreed to see our daughter. Without an actual filed divorce, and without a custody order, what are my rights? I know in Oregon the default is joint custody once the divorce goes through, but until then, what can I do? If the wife refuses to let me see our child and instead leaves her with wife's boyfriend during the day and I'm off work, can I claim custodial interference against the boyfriend?

Asked 11/10/2009 under Divorce, Marriage, Alimony | 225 View(s) | More Legal Topics

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B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney Answered 2 years ago | Contributor

You can't claim custodial interference, because there's no court ordered custody or visitation being interfered with.  So, while you do have rights, they're "inchoate," not defined in an enforceable way.

There's nothing you can do about this other than go to court yourself:  file the divorce, and a motion for visitation.

This does work both ways, of course.  Without a court order, if you have been giving her money, there's nothing to prevent you from stopping.

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