Q: Parenting schedule is 50/50. In NJ when the child reaches 18 and still in high school can child not follow court order?
When the child turns 18 and still in high school with a court ordered 50/50 parenting scheduled; can the child no longer follow the parenting schedule while still in high school. What happens to the child support that is being payed based on 50/50 and the child now making decisions like this.
A:
Thank you for your question. I know how worried you must be about the parenting time order for your child who is turning 18.
The short answer is that the parenting time and child support order can be changed if a court finds a significant change in circumstances. In New Jersey, in all cases involving the custody and parenting time orders for a child, the court must always determine the best interests of the child. The court must apply several factors to determine the best interests of the child while weighing the rights of both parents as well as the right of the child to continuing and frequent contact with both parents. Although there is an existing court order for custody, parenting time, and child support, the court can modify that order if there is a substantial change in circumstances that affects the health, safety, or well-being of the children. Among the factors the Court will consider are the maturation of the child and the preference of the child, who is now 18. An application must be made to the Court to modify the existing parenting time and child support order. It is important to protect your interests and have an experienced family law lawyer advocate for your interests and ensure that the proper child support and parenting time order is entered.
I hope this information was helpful to you.
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