Legal Question in Family Law in New Jersey

Father's Parenting Time - Option or Obligation?

Since our divorce in October of 2001, My ex-husband has failed to comply with the Parenting Time Schedule that he signed, and agreed to on the day of our divorce. It allows him to have our son every other weekend from Friday at 6 PM until Sunday at 3 PM and most every holiday. He has not done one visit in that way. He does not show up for more than 80% of them. The others, he comes late, and drops off early. He give me no notice that he is going to make any changes to these visits. The court is telling me that the days that are ''his'' are optional for him, and he can come when and if he feels like it, and if he doesn't, the responsibility is just mine. Is this accurate, or is there some way to make him responsible for those days that he agreed to? I would prefer that if he can not be a consistent reliable parent, that he not be a consistent and reliable source of disappointment and disruption either. I need to end the chaos this man brings into the household somehow, but it sounds to me like all the rights are his. Is there anything I can do about this?


Asked on 7/19/04, 4:32 am

1 Answer from Attorneys
Peter J. Kelley Peter J. Kelley & Associates

Re: Father's Parenting Time - Option or Obligation?

Courts are very reluctant to do anything that would limit a child's access to both parents. This does not mean that the absent parent can just ignore the agreements he made, especially where this behavior damages the child. There may be things you can do without going to court as well as requests that the court might grant in your situation. To explore these possibilities, I would urge you to give us a call and set an appointment. (212) 387-7787.

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Answered on 7/19/04, 4:45 pm


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