Bronx, NY asked in Child Custody, Child Support and Divorce for New Jersey

Q: Divorce, i want my kids 3 nights my ex wants me only to have 1 night and 2 after school/ dinners Should i get a lawyer?

Started meditation we agreed on everything except parenting time .. i would like 3 over nights a week , she wants me to only have one overnight on the weekend and 2 afternoon/ nights during the week but kids have to be home for bed time .. i dont no what to do.. i really dont wanna get lawyers involved cause we agree on everything else and i dont want this to get ugly but i also want my kids more than one overnight.. is she being fair? Would a judge get me more..

1 Lawyer Answer
Teresa L. Reichek
Teresa L. Reichek
  • Divorce Lawyer
  • Mount Laurel, NJ
  • Licensed in New Jersey

A: Thank you for your question. Negotiating divorce terms can be very stressful and you are to be commended for coming to an agreement on all other issues. According to NJ Statute, it is a matter of public policy to assure that minor children have frequent and continuing contact with both parents after they have separated or divorced. The rights of both parents shall be equal. That means that the general presumption is that, when feasible, you are entitled to equal time with your children. That being said, each case has different circumstances and a lot plays into what custody and parenting time plan works best for any particular family. Geographic proximity, history of substance abuse, and other factors affect how parenting time is distributed.

It is a very good idea for you to consult with an experienced family law attorney and get advice tailored to your situation. There is no way to know what a Judge will do, especially without all the facts of your situation. However, based on the limited information available, it is worth exploring your rights and options. Your prior negotiations are not lost because you can memorialize those provisions in a legal document, so that neither side may change his or her mind. Then you only have to deal with custody and parenting time going forward. Know your rights before agreeing to something that you already know is not acceptable to you.

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