If you want it considered it is REQUIRED to be in the papers. Take the time to MEET your REQUIRED BURDEN of proof. You only receive mere seconds and minutes in court (where by the way you really do not know what your doing or what is happening around you - its like thinking you know basketball so you bet your soul with the devil and you try to play an NBA game. In 3 minutes your down 30-2 and your like oh my god what just happened, what did I do? Help!!!!) So yes, write it down, concisely as you can as there is a page limitation of 15 pages double spaced in your initial certification, and make your points. Good luck.
Your certification should state the reasons why there is a change in circumstances and the reasons it would be in child's best interest to increase parenting time with you.
973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
First, I think both the motion and the hearing are important. You should be very clear as to what material change has occurred since your last agreement and why it should now be modified. Now that your son is 4, he may be a little older and would benefit from more parenting time with his father. I think you should be very clear when writing your motion and also when speaking in court. Stay clear on the issue of what you are seeking and why. Of course, children would benefit from seeing both parents equally; however, the courts will look at what is in the "best interest of the child". They may consider parents work schedules, living arrangements and how disruptive back and forth may be for the child. I would suggest not discussing percentages. Break the percentages down in a way that benefits the family and why; such as, maintaining and creating a stronger bond with your son and if your limited to days/hours, it is more difficult to create that bond. It should be about what is best for your son. Be clear of why you want the extra night, may be helpful to include specific pick up and drop off times, where that would occur, who will be transporting and why the extra time should be granted. There should also be places in NJ you could seek free legal advice, depending on your income. Good Luck.
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An application seeking additional parenting time needs to be very specific. You need to explain what the change in circumstance is that warrants the increase and also why it would be in the child's best interest to see you more often. Your application should be respectful. I attended a Continuing Legal Education class a few years ago where a judge was speaking. That judge asked that we (attorneys) not bold or underline anything because that implies that we think he is not reading the entire document. But, if you feel the need to bold or underline, do it once to get your main point across. Best of luck.
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