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.

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1 Lawyer Answer
Richard Diamond
Richard Diamond
  • 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.

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