Unfortunately, a litigant can generally go to court and request any relief, whether it may be granted or not. If an individual is voluntarily not exercising his/her court ordered parenting time it is unlikely that a court would grant that person more parenting time. In fact, you may want to file a cross-motion seeking to have that individuals parenting time reduced so as to more accurately reflect the actual parenting time that had been exercised. If that party's parenting time is officially reduced you may be entitled to secure more child support.
Kenneth A. White, Esq.
New Jersey Family Law Attorney
The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.
I agree with Mr. White. While parents may make certain requests, it doesn't mean that the court will grant it if the parent doesn't even show responsibility in meeting their current visitation schedule.
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