What to Know When You Seek More Parenting Time in Hudson County-New Jersey Family Court
This guide offers litigants and prospective clients a perspective as to what to expect when going to family court in New Jersey, specifically in Hudson County where I practice more than any other county in New Jersey.
The Custodial Parent Does Not Let Me See My ChildOk, lets think about this statement for one second. While the residential parent has the child or children on a day to day basis, if you are the parent of the children, you can see the kids as well. Now, you just said, this person does not let you see your child. Ok, lets say that is true, and I do know it is true in many cases but the real question is: WHAT DID YOU DO ABOUT IT? Did you file a motion? If you have a court order, did you go to the police for an incident report? If you were threatened, did you file a restraining order? This is how a Judge would view it and this is something you must be ready for. Take responsibility and lets move forward so we can have a court order and/or enforce the court order, line by line.
Every time I go to get my child, the parent comes hours late or makes me wait hours!Again, what did you do about it? The more you let someone get away with a violation, the more they will think it is ok and it is NOT. You can mention this in court, you can do many things but do something because the Judge, while not happy with the other parent, is not going to be happy with you either.
So What Do You Want From the Court Now?Do you have a court order? If not, you have to get one. You have to get one that is detailed for everything. Pick up times, drop offs. Who will conduct the pickups/drop offs. What is the holiday schedule? What about phone calls? Facetime? The list goes on and on and with an experienced family law attorney, that attorney can help you craft a schedule that will prevent misunderstandings that an unhappy ex will try to take advantage of. The more detailed it is and the other parent violates it, the more severe the sanction against the party that violated the clear-black and white order. Trust me, I know, I have won enforcement motions which led to changes in custody, the most drastic measure a Judge can order.
The PlanNow, another important thing to do is to have a plan. Have a detailed plan for the parenting time you want. Think it out, offer a plan that you can handle. Offer the Judge ideas as to what you would do with your child with this extra time. Let the Judge visualize your plan. Without a plan, you are just standing there begging the Judge and that is a sure way to get denied.