Lindabury Legal Corner

Establishing, Revising And Enforcing Time-Sharing With Children

635e4c9e8789ecfb7911_McGlew_James_06_pp.jpg
635e4c9e8789ecfb7911_McGlew_James_06_pp.jpg

In all cases of divorce or separation where children are involved, the issue of time-sharing (previously referred to as “visitation”) is a significant issue to be addressed.  Unless the parents have agreed to an equal shared custodial arrangement, an appropriate schedule of time-sharing is particularly important for all those involved: the custodial parent, the non-custodial parent, and the children.

Determining a schedule of time-sharing with the children is sometimes resolved between the parties. However, in those cases where the parties are unable to do so, the Court will order mediation in an attempt to resolve the issue. If the mediation is unsuccessful, the Court will (and has the authority to) determine the time-sharing schedule which will be binding on all involved.

Traditionally, time-sharing consisted of alternate weekend overnights for the non-custodial parent, a division of legal and religious holidays, extended time during the summer, and perhaps one evening per week for dinner. Recently, time-sharing schedules have become more flexible with non-custodial parents demanding (and receiving) more time with their children.  Busy work schedules for the parents and academic and activity schedules for the children demand a more fine-tuned approach to time-sharing.  

Sign Up for E-News

When discussing this issue it is important for all involved to have an understanding of how it will work in real life.  Individuals who use terms that state “time-sharing shall be reasonable and liberal” or “as the parties may agree” find that disputes almost always arise in the future. Specificity as to which days and nights the children will be with which parent, times for pick-up and drop-off, birthdays and holidays all need to be included in the schedule together with an acknowledgment that flexibility in scheduling is in everyone's best interest.

Over the course of time as children become older or as parents relocate, there may need to be changes to the existing time-sharing schedule.  When the parties mutually agree to modify the existing time-sharing schedule, the revised schedule should always be in writing preferably in the form of a Court Order to ensure there are no misunderstandings in the future.  If the parties cannot agree to modify the existing time-sharing schedule, the matter is best handled by a Court-approved mediator before resorting to filing papers with the Court.

Family lawyers also confront the situation where there has been a refusal to comply with the existing time-sharing schedule or direct interference with the custodial rights of a parent. Interference can be anything that frustrates the parent’s right to spend meaningful time with their children.  New Jersey law provides remedies in the event the Court finds that there has been a frustration of, or interference with, the time-sharing schedule. The Court has a great deal of latitude to correct such a situation including, but not limited to: (a) ordering “make-up” parenting time; (b) requiring the parent who has interfered to pay any costs which may have resulted from the interference; (c) modifying the time-sharing schedule temporarily or permanently; (d) changing which parent shall be responsible for transporting the children for the scheduled time-sharing; or (e) requiring the parent who frustrates the time-sharing schedule to perform community service.  Judges are firm believers in compelling enforcement of Orders regarding the relationship between parent and child.

Lindabury’s Family Law Group has decades of experience representing clients in ensuring that parental rights are protected.  We provide the full range of divorce and family law services and are easily accessible from our Westfield, Summit or Red Bank New Jersey offices. Call James McGlew at 908-897-0055 or send an email to jmcglew@lindabury.com to schedule a consultation.

 

Lindabury, McCormick, Estabrook & Cooper is a mid-sized general practice law firm providing quality legal services to businesses and individuals throughout New Jersey and the Mid-Atlantic region. Our attorneys provide vigorous and cost-effective counsel to help clients meet their personal and professional objectives. Learn more about all of the services Lindabury provides by visiting www.Lindabury.Law.

The opinions expressed herein are the writer's alone, and do not reflect the opinions of TAPinto.net or anyone who works for TAPinto.net. TAPinto.net is not responsible for the accuracy of any of the information supplied by the writer.

TAP Into Another Town's News:

You May Also Be Interested In

Sign Up for E-News

Westfield

22nd Annual Union County St. Patrick’s Day Parade Steps Off March 10

February 23, 2018

UNION, NJ — Twenty-one years after the first Union County St. Patrick’s Day Parade stepped off on Morris Avenue the tradition continues on Saturday, March 10 at 1 p.m. sharp with thousands of marchers and spectators gathering to celebrate the patron saint of Ireland.

This year’s Grand Marshal, John McPartlan of Scotch Plains, will lead the march of bagpipe ...

Mayor Brindle’s Update

February 15, 2018

The following are highlights from the update that Mayor Shelley Brindle gave at Tuesday night’s town council meeting.

I first want to congratulate Nick Calello and David Went for their promotions to patrol officers in the Westfield Police Department. I’d also like to welcome and congratulate new Patrol Officer Fortunato Riga, who joins the police department this week upon his ...

Upcoming Events

Carousel_image_248cea245b872fb9c722_resolve_house

Fri, February 23, 12:00 PM

Resolve, Scotch Plains

Free Teen Anxiety Group (Ages 14-17) at Resolve

Carousel_image_cb76d129f430419a337a_sjhsfishfry

Fri, February 23, 5:00 PM

Catanzaro Dining Hall at Saint Joseph High School, Metuchen

Friday Night Lenten Fish Fry

Food & Drink

Westfield Police Blotter: Man Steals 60 Pairs of Pants from Downtown Store & More

February 21, 2018

February 14, 2018 10:53 p.m.

Officers Gill and Weiss arrested Luis Murillo, age 30, of Rahway, NJ, for two outstanding warrants out of Westfield Municipal Court ($500) and Woodbridge Municipal Court ($500) pursuant to a motor vehicle stop in Scotch Plans Township. Subject was transported to headquarters, processed and released after posting requisite bail.

 

February 15, 2018 5:24 ...

Lance to Speaker Ryan: Bring Background Check Bill Up for a Vote

February 23, 2018

Congressman Leonard Lance (NJ-07) today led 18 Republican lawmakers in a letter to U.S. House Speaker Paul Ryan calling for H.R. 4477 – the Fix NICS Act, to come up for a vote as a standalone measure.  The Fix NICS Act reauthorizes the National Criminal Instant Background Check System and institutes compliance certification measures and penalties for failing to comply.  ...

The Missing Moses

A seemingly dubious distinction belongs to this week’s Parshah, Tetzaveh (Exodus 27:20–30:10). It is the only reading in the Torah — from the first Parshah of the book of Exodus (in which he is born) until the end of the book of Numbers — where the name of Moses is not mentioned. Tetzaveh’s opening words are V’atah ...

‘Month of Hope’ at Wilson School

Inspired by the HOPE Week Initiative introduced in 2009 by the New York Yankees, Mr. Joseph Malanga, principal of Wilson School and a fan of the American League professional ballclub, declared January the “Month of Hope” at Wilson.

Malanga called on the school’s faculty Acts of Kindness Committee to choose the charitable organizations to be recipients of the weekly donation ...

AtlantiCast

AtlantiCast: Episode 12

On this week’s episode of AtlantiCast, decade of excellence makes headlines, as Atlantic Health’s place on Fortune Magazine’s 100 Best Companies to Work For List leads off the newest episode of AtlantiCast. Also on this week’s show, check out the newest “hybrid” operating room at Morristown Medical Center and find out how Atlantic Health is helping local ...

Would the Stock Market Affect Your Home Purchase?

"Fasten your seatbelts; it's going to be a bumpy night." ("All About Eve.") While most people misquote this as "It's going to be a bumpy ride," the actual quote works better for the movie. Bette Davis delivers this with the classic style that made her one of the most loved actresses of her generation.

Well for the stock market it’s been a wild bumpy ...

Good News in NJ for Veterans

Beginning in the 2017 tax year, New Jersey will give an additional $3,000 exemption for military veterans. You are eligible to claim this exemption NJ state income tax return if you are a military veteran who was honorably discharged or released under honorable circumstances from active duty in the Armed Forces of the United States on or before the last day of the tax year.

 

The ...

How to Talk with Kids About the Florida Shooting

February 13, 2018

The tragedy of the Florida school shooting is devastating, leaving 17 killed and 15 injured. Our children can easily identify with what occurred yesterday. It will be the topic of conversation today in schools everywhere. School administrators are doing all they can to provide support and guidance. The shootings affect children, teachers, and school personnel. The school shooting ...

Love Craft Beer But Hate the Tour? State Assembly Moves to Make it Easier for You to Belly Up to the Bar

Good news is a brew for New Jersey craft beer advocates. In February 2018, the New Jersey Assembly’s Agriculture and Natural Resources Committee paved the way for the introduction of Bill A2196, which would remove a current licensing rule requiring breweries and distilleries to provide a tour of their facilities before serving alcoholic beverages to consumers. Currently, breweries holding a ...

'What Stays' exposes family secrets and lies

‘What Stays’ exposes family secrets, resentment and lies

By Liz Keill

SUMMIT, NJ – In an original play by Laura Ekstrand and Jason Szamreta, the Dreamcatcher Repertory Theatre has provided an enlightening, funny and heart-felt view of family foibles.

Ekstrand has said that the germ of the play came from conversations with the ensemble members of the troupe, based on ...

Is FAANG Long in the Tooth?

Investors love to rally around a stock story. Today it’s all about the FAANG stocks. Facebook (FB), Amazon (AMZN), Apple (AAPL), Netflix (NFLX) and Google (GOOG) are a major reason why the S&P 500 rallied so much in 2017. Mr. Market is convinced the FAANGs are impervious to a sell-off. “Its different this time” is ringing loud and clear, but will the outcome really be that ...

Imagine a Chatham Toboggan Ride from the Top of Fairmount Avenue to Main Street

Did you know….
there was a time when Chatham kids could ice skate from downtown Chatham all the way to Florham Park? And that a toboggan ride could last from the top of Fairmount Avenue down to Main Street and beyond?

Those were the days!

This was back in the early to mid-1900s. The Passaic River meandered through grassy meadows and woods on the north side of Chatham. The marshy ...

Obituaries

Kathleen Marie Christian (nee Helmstetter), age 73 of Surf City, NJ, passed away peacefully at home ...
Read more

NBA Star Dennis Rodman Enjoys Life in Livingston

February 23, 2018

LIVINGSTON, NJ — Former National Basketball Association (NBA) star Dennis Rodman’s friends say he is “living like a Livingston kid” while he is in town doing an outpatient program for Turning Point Rehab Center.

Livingston native Chris “Vo” Volo, an agent for Prince Marketing Group, has been representing Rodman for seven years and the two quickly became ...