Legal Question in Family Law in New Jersey
Parenting Time with my Children
My husband has parenting time every other weekend and we live an hour away from his children. His ex-wife is scheduling all the children's activities on his weekends with them leaving him no other choice but to drive back and forth giving him less quality time with his kids. He doesn't want to disappoint his children but we know for a fact that the things they want to do can be done during the week and not interfere with his parenting time. Can he refuse to take them back and forth??
2 Answers from Attorneys
Re: Parenting Time with my Children
It certainly is unfortunate that the distance between your husband and his children makes this so difficult. Depending on what the activities are, however, he may just want to stay in their area for the weekend. For instance, I am sure he would not want to miss recitals or ball games. If they are not regularly scheduled extracurricular activities, over which his ex has no control, he should have some say. Most Courts will fashion an Order indicating that non-required activities be scheduled so that there is no conflict with the other parent's parenting time. Your husband should have some discussion with his ex and, if that does not work, his only choice may be to file a Motion. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact a Family Law attorney who practices law in the jurisdiction where the divorce was heard, or in whatever jurisdiction now has control, to discuss your matter in more detail. Only then will you be able to rely on the advice. Good luck! Rob Gleaner
Re: Parenting Time with my Children
He can refuse.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933