Custody and parenting time are intertwined and much depends upon the specific circumstances of the parties and their children.
Joint Legal Custody Parenting Time
Most often, parties will agree upon joint legal custody. This is a “term of art” which essentially means that both parents have the legal right to all pertinent information regarding the children, including medical records, school records, etc. and that they are an active participant in the decision making for the benefit of the children. This does not mean, however, that parents with joint legal custody divide the parenting time on a 50/50 basis.
In most joint legal custody cases, the parents are able to reach a settlement on a parenting schedule that meets their needs and the needs and schedules of the children. Parenting schedules, or custody schedules, must take into account the distance that the parents live apart, their work schedules, and the children’s school and extracurricular activity schedules. More often than not, the children may end up living more of the time with the “parent of primary residence” and spend less time with the parent of alternate residence.
Parenting schedules can be a 50/50 co-parenting arrangement, or can vary widely if one parent now lives in another state and cannot see the children as often as they would like due to distance and travel time.
Sole Custody Parenting Time
In sole legal custody cases, the non custodial parent may have limited or no parenting time at all for very good reasons as may be determined by a court. If a court has determined that the other parent had been given sole legal custody and you have had your parenting time limited or supervised, and you feel that the court was unfair and you are seeking addition parenting time or joint legal custody, contact us to discuss the specific facts of your case.
In the vast majority of cases, the parties are able to reach an agreement on custody and parenting time issues. There is also parenting time mediation available through the courts.
What Should be Included in New Jersey Custody Schedules?
There are a few main items that should be included in any custody schedules in New Jersey:
- A residential schedule that specifies the general days and time periods that the child will spend with each parent
- A schedule for holidays
- A vacation schedule that allows a child extended time with each parent during school breaks and each parent’s own vacation time
Need Help With Parenting Time and Custody Schedules?
The attorneys at Himelman & Himelman Law can help you negotiate a parenting time and custody arrangement to be placed into a written agreement and become part of a court order. Contact us today to schedule a consultation.