The time you spend with your child can be a major point of contention in establishing custody arrangements. It can be confusing to know how schedules are established, what is considered when doing so, and how to secure your interests. The Montanari Law Group can assist you with understanding parenting time schedules in New Jersey.
About The Montanari Law Group
The New Jersey family lawyers at The Montanari Law Group has helped communities across Passaic County, Bergen County, and Northern New Jersey with their parenting time matters for years. Michael J. Montanari, our founding attorney, has over twenty years of legal experience, handling cases ranging from minor disputes in a local municipal court up to the New Jersey Supreme Court. He currently serves as the labor counsel for the City of Clifton and a trustee of the Passaic County Bar Association.
What Is Parenting Time?
Parenting time refers to the scheduled periods allotted to both parents to spend with their child. It encompasses instances with joint physical custody, along with arrangements with a custodial parent and a noncustodial parent. With one quarter of children under six having separated parents and 35% of minors living in single-parent households, parenting time schedules affect thousands of families across the country.
How Parenting Time Schedules Are Determined
Parenting time schedules are typically established through two avenues. The first method is an agreement made between parents. This is recommended, as it allows parties to remain civil and find a solution that works for them and the children. If no agreement can be reached, the other type of parenting schedule is a court-ordered structure.
When courts establish parenting time schedules, they use what is in the best interest of the child to determine the schedules and roles of each parent. The guiding principle is finding an arrangement that provides the greatest safety for all children involved. Other factors include:
- The child’s preference
- The existing bond between the child and each parent
- Any history of abuse or neglect
- Whether either parent has a criminal record
- The stability of housing arrangements
- The financial capacity to care for the child
- The child’s existing educational and daily routine
Parenting time court hearings are processed through the Superior Court of the county in which you live. For instance, if you live in Passaic County, your meetings would generally take place at the Passaic County Court House Annex, located at 63 Hamilton Street, Paterson, NJ 07505.
Types of Parenting Time Schedules
Parenting time schedules are typically personalized to the unique factors of each situation. Plans can be modified as needed, with specific provisions added or removed. A few common structures used in New Jersey include:
- Every other week, or 50/50 schedules, where parents spend equal time with a child
- Weekends with the noncustodial parent and weekdays with the custodial parent
- Holiday or vacation provisions that dictate who children spend major holidays or school breaks with
- Parallel schedules overseen by the courts, where parents rarely interact
- Supervised visits when a parent is deemed a present threat to a child’s safety
Your parenting schedule can change as your child grows, their needs shift, or your relationship with your co-parent alters.
FAQs
How Long Do Parenting Time Conflicts Take to Resolve in New Jersey?
How long it takes for your parenting time conflict to resolve through the New Jersey Superior Courts varies drastically, depending on the problematic area and relationship between parents. A case where parents have created a plan and only need approval may take a few days, while high-conflict cases, such as one where a parent bars a child from seeing the other parent, may take months to finalize.
What Happens If Parenting Time or Custody Orders Are Violated?
In New Jersey, judges may use a variety of punishments when someone violates a custody order or their co-parent’s visitation time. Recommended solutions include:
- Providing the wronged parent with more time with the children
- Punitive payments
- A change in transportation arrangements
- Pick-up and returns in a public space
- Counseling
- Modifications to ongoing custody arrangements
The exact remedy is up to the court’s discretion.
Do You Require an Attorney for Parenting Time Cases in New Jersey?
New Jersey state law does not require any person to have legal counsel for any court proceeding. However, an attorney who is well-versed in parenting time laws can handle many important tasks in your case, such as:
- Gathering evidence
- Mediating discussions
- Advocating for you in negotiations
- Representing your case in court
When Can You Change Your Parenting Time Arrangement in New Jersey?
Knowing when you can modify an ongoing parenting time arrangement is a common concern for New Jersey parents who are unsatisfied with the present conditions. In general, you may attempt to modify an agreement at any point. The easiest method is to discuss options with your co-parent and submit visitation changes for court approval. The other way you may change parenting time plans is by court petition after a significant change in circumstances.
What Factors Reduce or Limit Parenting Time in New Jersey?
Many people who approach parenting time cases are worried about what factors may damage their chances in court. Court-ordered parenting time arrangements prioritize what is best for the child, rather than the opinion of either parent. Elements that can harm your chances for increased parenting time include:
- A history of abuse
- An absent role in your child’s life
- A violent criminal record
- An unstable living situation
Hire a Parenting Time Lawyer
When your parental rights are threatened, it is understandable to feel betrayed and unsure of how to protect your ability to spend time with your children. Hire a parenting time lawyer to help with your case. Your New Jersey parenting time attorney can guide you through this tumultuous time by preparing you for court, collecting supporting evidence, negotiating with your co-parent, and representing you in all court procedures.
The Montanari Law Group can make a positive difference in your child custody matter. Reach out to our team today to schedule your consultation. There, we can learn your story and discuss possible methods to secure your ideal parenting time arrangements. You may also visit our Little Falls office, located on Lower Notch Road, south of Interstate 80, north of Montclair State University, and east of the Passaic River.