Legal Question in Family Law in New Jersey

Holiday Visitation

There is nothing in our current order that relates to holidays. Christmas falls on my day(s) with my son. Does the holiday standard supersede that order? Thanksgiving fell on her day(s)and I had no time with my son. I have him from Sunday 2:00PM thru Tuesday 2:00PM weekly.


Asked on 11/24/06, 3:53 pm

2 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Holiday Visitation

You need to go back to court and hammer this out. It is never going to end and this problem will come up every year. You should see an attorney to review your entire situation to see what else you are missing such as summer vacation, birthdays, other holidays such as new year, easter, father's day, mother's day, etc. I'd also like to see your child support order to see if that was calculated correctly. You'd be amazed how many of them are wrong.

My initial consultations are always free, so call me at 732/247/3340 to discuss your situation. Your situation may be simple enough to handle on your own or you may need an attorney.

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Answered on 11/24/06, 4:11 pm
Frank LaRocca LaRocca & Associates, PC

Re: Holiday Visitation

Generally, holiday parenting time will supercede regular visitation. However, without a formal order on holiday time, a noncustodial parent is often at the whim of the other parent. There is nothing a police department can do (for example) to enforce a holiday schedule if it is not in an order. If you can not get an agreement with the other parent in writing, you should go back to court by way of a motion for an order fixing holiday parenting time.

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Answered on 11/27/06, 3:28 pm


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