Carlstadt, NJ asked in Divorce, Family Law and Child Custody for New Jersey

Q: NJ, I filed a motion to modify parenting time. We had a oral argument back in January 2022. It's April still no decision

I filed a motion in NJ to modify parenting time. We had a oral argument back in January 2022. It's April still no decision... How long does judge has to rule on the motion? is there a time frame? If not, based on modification child can be enrolled in school district by my residence (Pre-K), enrollment started. Right now none of us is designated as PPR, we live 100 miles apart. 2-2-3 schedule. Child for now attends private day care by my work, outgrown all kids there. What should I do? Can I enroll child based on best interest ? And "deal with consequences" of my decision later ? Secondary I filed Motion to enforce my right to sell the house based on failure with refinance within given time. Our order stated that in that case house will be listed for sale but opposing party refuse to sell. Still waiting for decision about it as well.

2 Lawyer Answers
Richard Diamond
Richard Diamond
Answered
  • Divorce Lawyer
  • Millburn, NJ
  • Licensed in New Jersey

A: I would write a letter to the court (always CC your ex simultaneously) reminding the court that it held oral argument of the parenting time and home sale issues on January __ 2022 and that the deadline for enrollment of your child in the school district is XXX and asking for a status update on the order flowing from those applications. If you don't get a response to your inquiry within 1 week of sending out the letter, call chambers and speak with the law clerk or secretary and ask if they have any information as to the status of the orders from the applications. In all of your communications with the court, make sure to include in the caption, the name of the case and the docket number so that they can easily look it up.

Bari Weinberger
Bari Weinberger
Answered
  • Divorce Lawyer
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your inquiry. Unfortunately, there is no “set timeframe” for when a Judge renders a decision after oral argument. A lot of factors can affect the timeframe for an Order based on the specifics of your matter and the timeframe generally fluctuates by each Judge. In regards to school enrollment and right to sell the home, more information would be needed regarding the procedural history, the children, the terms of the order which were violated, and what is currently pending before the Court. That information, and further discussions regarding your case, would be needed so the attorney could assist you with formulating the best approach to move forward.

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