As a New Jersey Family Law and Child Custody Attorney in Hudson County, I am going to share some of the questions I hear during many of my family law consultations with regard to parenting time/visitation, child custody in my Jersey City, New Jersey office.
My ex girlfriend or spouse will not let me see my kids, do I need a court order in NJ?
Answer: While you do not need a court order to see your kids, if the mother or father does not let you see them, you do need a court order so that you have rights on paper, signed by a Judge. If he or she fails to honor that order, he or she can be held in contempt of court, be fined, and/or lose custody if it continues. NJ Child custody and parenting time attorney Santo Artusa and his team can help yo if you have a dispute with the custodial or non-custodial parent.
The mother only lets me see the children when she is around, is that fair?
Absent certain circumstances (drugs, dangerous conditions, etc), you should be able to have parenting time without supervision. If she does not agree, you should hire an attorney and get your parenting rights on paper. You have equal rights. For more information about child custody and parenting time laws and issues in NJ, visit our page here.
I have a court order and/or divorce judgment giving me parenting time but he or she does not comply, what can be done?
Persistence is key. Filing an enforcement motion to enforce litigants rights for each time he or she disobeys an order, will get the Judge’s attention and one way or another, the non-complying parent will begin to follow the order or face legal consequences. Another important factor is to keep good records and obtain incident reports for every time the person does not comply. For information about our NJ enforcement services, visit this page.
I want to see my kids more, what can I do?
If you and the custodial parent cannot agree, you should seek relief from the family court, seeking a definitive parenting schedule. The more of a detailed plan you have to see your kids, the better. The less chance you and the difficult parent will avoid war in family court or outside when you try to see your kids. Avoid this. Life can be hard enough, you do not need more stress. For information about how child support and parenting time are related, visit: New Jersey Child Support Lawyer.
Can I take my children on vacation out of the country or out of State?
For out of the country, you would need the other parents consent. If he or she denies the consent, you must bring a court application to be permitted to travel with the kids out of the country with the itinerary, contact information, etc. For out of state, you usually need to inform the other party but do not need his or her consent unless there is a court order indicating so.
Do I need a family law attorney to file for parenting time?
You can file by yourself, but it is suggested to hire an experienced family lawyer that can help you navigate through the New Jersey Family Law Courts and present your case for you.
When I have parenting time, the other parent calls me like 10 times in a day, is that fair or necessary?
You should permit open contact when you have the kids but it should not be more than 1 or 2 times in a day. You deserve your free time with your children.
The father of my children always brings the children back late, what can I do about it?
Again, through an enforcement motion, the parent can be held in contempt because he must respect your time and you should respect his. Being 10-20 minutes late is one thing, but if he or she is late more than 45 minutes or more, you should address this in court, you have a life, you have plans too!
My child is doing terrible in school and the mother is doing nothing about it, and my child keeps missing school or is late, what can be done?
Depending on more information, you may have a case for residential custody and or more parenting time.
Thank you for reading my sample questions and answers about parenting time issues. If you feel you have a parenting time case or possibly a child custody case in Hudson County, Jersey City, or anywhere in New Jersey, contact my team at the Artusa Law Firm today on 201-706-7910 for professional representation. For more information about all of the legal services we offer in New Jersey, visit: Artusa Law Firm. For information about where family court cases are decided in New Jersey, visit our custom map below: