New Jersey Visitation Lawyer

Residential custody, physical custody, parenting time and visitation can all be used synonymously. They simply mean which parent has the child at the given time. Whichever parent has the child in their possession is required to partake in day-to-day decision making for that child. Duties of a residential custodian include feeding, clothing, homework, and hygiene. These tasks do not require the consent of the other party, and these duties fall on the parent who has the child at a given time.

Most often, parents enter into a shared parenting time or visitation schedule. This can be either detailed or broad. A detailed example would be “Father to have parenting time beginning 4:30 p.m. Friday and ending Sunday at 6:30 p.m. with pick up and drop off to occur at Mother’s residence.” A broad example would be, “Father to have parenting for no less than two days per week.” The broad example allows the parents to work out for themselves the details on how the exact schedule will look. The broad terms work best for parents that can communicate with one another or have changing schedules that have to adapt. The detailed example leaves less wiggle room and is best for parents that have trouble communicating with one another.

There parenting time arrangements can either be through agreement or by Court Order, if the parties cannot come to an agreement. It should be noted, however, that Courts give parents every opportunity to try and work out a parenting time schedule themselves, as it is very difficult for a Judge to set a parenting time schedule, as they have little to no knowledge about the parties’ schedules.

It is encouraged parents should work out for themselves a schedule. It allows them control over their own life, as opposed to leaving it to be decided by a Judge. What’s more, if the parties wish to modify their schedule, they can change it together if they have an agreement. If there is a court order, a parent seeking a modification must return to court to have the court order modified.

In New Jersey, both parents are entitled to see their children as much as possible, equally, if it can be arranged. If you have any questions or concerns about your parenting time or visitation situation, contact us today. At Hark & Hark, we help clients with divorce, custody, domestic violence, child support, alimony issues and more. Custody battles are high stakes and emotionally draining. If you find yourself in a custody battle, or have questions about residential or physical custody rights, contact us immediately.

We are reducing fees and working with clients to come up with manageable payment plans. Initial consultation is always free and we are available remotely. We represent clients in all towns in New Jersey including City Of Bridgeton, Commercial Township, Deerfield Township, Downe Township, Fairfield Township, Greenwich Township, Hopewell Township, Lawrence Township, Maurice River Township, Millville, Shiloh Borough, Stow Creek Township, Upper Deerfield Township, and Vineland.