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What is the best evidence to show to the judge when asking for extra night during weekdays to our parenting time due to his age

Newark, NJ |

since birth I spend 2 hrs twice a week and 2 overnights on alternate weekends. Now my son is 5! I want to participate in his daily care too.his mom will use same old excuse: "He has a routine", "I cared daily for him" etc. dads can not be part of his routine as well? During my hearing what strong evidence can I show the judge to show how an extra night will benefit my son? I have tons of evidence about my involvement with him w doc, school, caregiviers, comply with my visits, but If I show all of those evidence the Judge is going to fell sleep. Judge is also well aware the benefit of a son sharing more with his father as well. I have only 5 -10 min to talk and I want to bring the strongest evidence to court. caring for my boy during weekdays will make our bond stronger, not only weekends

Attorney Answers 3

  1. Best answer

    In order to change a custody/parenting arrangement without both parties agreeing you will need to show the court a substantial change of circumstances. I recommend that you consult with an experienced Family Law attorney who can review the specific facts and circumstances involved in your matter and advise you accordingly. The article (or articles) located at the link provided below may also offer some helpful information and guidance.

    The information provided is not, nor is it intended to be, legal advice. This information is designed for general information only. You should consult an attorney for advice regarding your specific situation. We invite you to contact us and welcome your calls, letters and emails. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

  2. If you have all this evidence and your concern is presenting it so a judge doesn't fall asleep, that's what lawyers are for. We can't reasonably be expected to give you purely conceptual advice without reviewing your exhibits, proofs, allegations, etc., and without knowing what change of circumstances you are alleging to re-open the door. Thanks.

    This answer is provided for educational purposes only. By using or participating in this site, you agree and understand that there is no attorney-client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State having jurisdiction over your matter, and who has experience in the area of law you are asking questions about, and with whom you would have an attorney-client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State having jurisdiction over your matter.

  3. You are going to need to prove to the judge that there has been a substantial change in circumstance that would warrant a modification in the parenting time arrangement. You simply wanting more time is not going to meet that threshold. You need to explain how things have changed since the original arrangement (maybe now you live closer, have a different job with different hours that would allow for more parenting time, etc) I strongly recommend seeking counsel to represent you.

    This answer does not constitute the establishment of an attorney/client relationship nor is there any guarantee that this advice will be completely effective in a court of law. A consultation, including review of court orders and other documents is necessary in order for me to give you proper advice and guidance.

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