Philadelphia, PA asked in Family Law and Child Custody for New Jersey

Q: Do I have to allow the NCP to have more time than what is in court order?

Our court order/parenting plan doesn’t say the parenting time schedule changes when there is no school. The NCP has proposed a schedule for when our child doesn’t have school that includes longer parenting time and an additional overnight a week since our child is not in school. My child does not want to be there any more than they already are for multiple reasons. The main ones being the NCP’s New Romantic partner, the NCP’s guilt trips and shaming to our child…. And because our child simply wants to just be home and spend time with me while she’s off. Our court order says parenting time is every wed. after school until thur. morning & to drop off at school. Every other weekend fri. after school until sun. at 5p. And on the other weekends fri. after school until Sat. 11:30am. The proposed schedule was wed. at 1p-Sat at 11:30a on the weekends that they would have fri-sat & Wedn. at 1p-sunday at 5p on The Weeknd’s that they would have fri-sun. My child does not want anything to change.

Related Topics:
1 Lawyer Answer
Richard Diamond
Richard Diamond
Answered
  • Divorce Lawyer
  • Short Hills, NJ
  • Licensed in New Jersey

A: There is no simple answer to your question. From a court's perspective, your child should know and spend quality time with both parents, so the starting point is whether your ex asked for additional time prior to the court entering the order and that request was denied or whether neither of you thought about the summer months at the time that the court entered its order. Since your ex asked for additional time, if you do nothing, I presume that he will file an application with the court seeking the change, so you need to be prepared for same or meet with a family law attorney and let the lawyer negotiate any changes to the current plan.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.