Legal Question in Family Law in New Jersey
At what point is parenting time deemed abandoned?
My ex had scheduled week day visitation that he stopped taking over 3 years ago. In addition, there are several holidays during the year that are stipulated in our CO that he has never taken in all of our son's 8 years of life. Can this time be deemed abandoned thus giving me full rights to those holidays every year?
2 Answers from Attorneys
Re: At what point is parenting time deemed abandoned?
I understand your question, but there are a couple of smarter ways to approach this. You do not want a Judge to be listening to his sob story about how you evilly cut him out of his kids' lives.
Please call me if you would like me to assist you. I am in Hackensack, right across from the Bergen County Courthouse.
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Re: At what point is parenting time deemed abandoned?
Yes and No. While you are correct to think that he has given up, the court order still stands. You have to return to court to change the order. You might want to speak to an attorney before doing that, but you could probably handle this without one unless he contests it.