New Jersey Parenting Time FAQs

Do all spouses have the right to parenting time?

Typically the spouse who does not have physical custody of the child has the legal right to parenting time. These rights can be withheld if evidence can be brought forth proving that it is in the best interest of the child not to see the spouse (examples: excessive use of alcohol, physical or verbal abuse). The amount and schedule of parenting time is stated in the final agreement or established by the Court.

Can a parenting time schedule be modified?

Parenting time schedules are often established as a test. Neither spouse knows what the future will hold as their parent-child relationship grows and evolves. Parenting time schedules change over time. This typically occurs without the use of the court, but if need-be, the court will make a decision if a spouse is being deprived of parenting time rights.

What should I do if my child does not want to see me?

This is a very difficult situation, especially when the child is very young. In all fairness, hopefully the custodial parent is not influencing the child. This, however, does occur on occasion. If this situation occurs, you need to get immediate assistance from a legal professional and obtain the assistance of a therapist to rebuild the parent-child relationship and to establish co-parenting guidelines and ground rules.

Rosanne DeTorres, co-founder of DeTorres & DeGeorge, LLC, is NJ Supreme Court certified as a Matrimonial Law Attorney. Choosing a Certified Matrimonial Law Attorney assures you the most effective representation. Ms. DeTorres concentrates her family law practice on divorce, custody, child support and alimony.