Articles Posted in Visitation

covid19-300x200Co-parenting children when parents are separated or divorced can be challenging in normal circumstances.  One would agree, however, that times are not normal.  The country is in the midst of a pandemic due to the COVID-19 virus.  Governor Murphy has closed schools and many business, and he has directed that we engage in “social distancing” and stay at home for the indefinite future.

Families all over the State are concerned about their children’s health and well-being, not to mention family finances due to the number of people who have lost jobs, been furloughed or suffered from cuts in pay or hours.  Existing arrangements for custody and parenting time were designed for normal circumstances, not necessarily for unprecedented times such as these.

Questions may arise as to how  separated parents address custody, parenting time and child support issues.  To what extent do existing orders have to be followed? Generally, many existing agreements or orders for parenting time can and should be followed.  However, can a parent withhold or refuse parenting time?  What happens if a parent or child is exposed to the coronavirus or is at heightened risk of exposure?  What if a parent, child or family member begins to exhibit symptoms?  How should parents accommodate a household that has an elderly family member or a family member with a health condition which makes COVID-19 particularly deadly?  What if one of the parents lives out of state and the child has to travel some extended distance?  What if the households do not have the same social distancing practices?   Can both parents’ homes accommodate educating the children while school is closed?  Should parenting time be modified to reflect that both parents are home more either due to having lost their jobs or they are working from home?

Various blogs have been written by members of our firm about situations where a custodial parents IMG_1930-300x225wants to move with the parties’ children to a state other than New Jersey.   Can a custodial parent live wherever he/she wants within the State of New Jersey?  Can a non-custodial parent ask a New Jersey family court just to stop a custodial parent from moving with the children to another town or city within the State of New Jersey?

Certainly some parents have reached an agreement with one another that they will live within a certain proximity to one another where they feel that it is in their own best interest for their children to live in certain areas of New Jersey or for the parents to live within a certain proximity to one another in order for their custody and parenting time agreement to work out.   New Jersey has a public policy of enforcing settlement agreements where they are fair and equitable.

What if parents do not have such an agreement?  Can the non-custodial parent prevent the custodial parent from living anywhere within the state of New Jersey that the custodial parent wants to live? In 2003, the Appellate Division addressed this question in the case of Schulze v. Morris, 361 N.J. Super. 419 (2003).  In this case, the parties had both been living in Middlesex County, New Jersey, but after the custodial parent was denied tenure at her teaching position, she found another teaching job in Sussex County and wanted to move with the parties’ child to Sussex County.  The non-custodial parent filed an Order to Show Cause seeking to stop the custodial parent from moving with the parties’ child to Sussex County.   The Appellate Division concluded that a custodial parent’s request to move to a different place within the State of New Jersey is not a “removal” action pursuant to N.J.S.A. 9:2-2 for which the custodial parent has to obtain the permission of the Court.   However,  the Appellate Division recognized that a custodial parent’s move with a child can have significant impact on the relationship between the child and the non-custodial parent and that there are occasions where an intrastate relocation can constitute a substantial change in circumstance warranting a modification of the custody and parenting time arrangement.   When a noncustodial parent opposes an intrastate relocation of the child(ren) but the custodial parent on the basis that the move will be “deleterious to the relationship between the child and the non-residential custodial parent, or will be otherwise inimical to the child’s best interests”, then the Appellate Division in Schultze directed that the family court had to assess the factors in Baures v. Lewis, 167 N.J. 91 (2001), an interstate relocation case.

In the case of Slawinski v. Nicholas, 448 N.J. Super. 25 (App. Div. 2016), the Appellate Division addressed a dispute involving parents who entered into a consent order establishing rights to grandparent visitation but then later wished to abrogate those rights. In this case, a motion was brought by the mother to terminate the visitation rights of the fraternal grandparents, claiming that the children were being harmed by the visits. The Appellate Division reversed the decision of trial court and stated that a parent could not unilaterally modify the consent order granting rights of grandparent visitation. The Court rejected the mother’s argument that, “[T]here is no burden that [mother] has to do anything other than say this is not working out, I tried.” The Appellate Division addressed grandparent visitation, as follows: Continue reading ›

On August 15, 2017, the New Jersey Appellate Division approved for publication the decision in the matter of E.S. v. H.A (A-3230-14T2 and A-3256-14T2), in which the Appellate Division addressed whether a parent may be required to admit to a crime as a condition for that parent to be able to make an application for visitation with one’s child.  The Appellate Division concluded that parents cannot be required by the state to forego their Constitutional right against self-incrimination as a condition to seek custody or visitation with their child. Continue reading ›

Earlier this month, a March, 2017 written opinion by family court judge the Honorable Russell J. Passomano, J.S.C. was approved for publication in the matter of BG-v-LH (FM-07-468-13).   In this published opinion the court addressed issues of296050aba1c021ff4a7e4cab0ed498d2-1-300x200 jurisdiction in a custody and parenting time dispute where one party had relocated with the children out of the state of New Jersey, but the parties had reached an agreement as part of their divorce that future custody disputes would be decided under New Jersey law and in New Jersey courts.  This case contains a detailed analysis that a family court undergoes to resolve jurisdiction issues and the application of the Uniform Child Custody Jurisdiction and Enforcement Act. Continue reading ›

I was at a social event recently. A woman attending that event, after learning that I was a divorce attorney, came up to me. She told me that her ex-husband had just filed court papers seeking to modify or terminate her alimony payments. With indignation in her voice she explained that “He can’t do that because I have permanent alimony!” It was obvious that this person had taken the word “permanent” literally, and believed that her alimony rights were forever immutable. She seemed genuinely shocked when I explained, without getting into the details of her case, that even “permanent” alimony may be modified or terminated upon a showing of a substantial change in circumstances. Continue reading ›

A new situation comedy is about to premier on HBO simply titled “Divorce” starring Sarah Jessica Parker, who also serves as an executive producer. We all know that divorce is a serious, life-altering event. Like many situation comedies that find humor in dysfunctional marriages or family situations, it is understandable why television would want to extend those notions to the divorce arena. While litigants may not see the humor of it, many times we as lawyers, looking at it from the outside, shake our head in disbelief of the types of things that otherwise good and reasonable people will do or say to try to get back at, or get one over on, their spouse, a person they used to love but now despise. Continue reading ›

On September 20, 2016, the Internet was buzzing with reports of Angelina Jolie-Pitt filing for divorce from her long time partner of twelve years and husband of two years, Brad Pitt. The demise ofJoliePitt Angelina Jolie-Pitt’s and Brad Pitt’s two year marriage raises questions about the division of their assets in divorce. “The couple have six children together–and more than half a billion dollars worth in cumulative earnings,” according to Forbes.com. “Since their marriage in 2014, the duo have earned a combined $117.5 million before taxes and fees, per Forbes’ estimates. Continue reading ›

The 18th century educational writer, W.E. Hickson, is credited with popularizing the proverb: “’Tis a lesson you should heed: Try, try, try again. If at first you don’t succeed, Try, try, try again.”  On IMG_0187June 10, 2016 the New Jersey Appellate Division decided the case of KL-v-DL, in which after nearly three years of continuous litigation, a father succeeded in having the trial court reconsider its prior order relating to additional visitation with his daughter.  The protracted litigation began not long after the divorce complaint was filed on June 14, 2013.   Continue reading ›

547eb27fd9ff1_-_gays-and-baby-0810-3-lgn[1]In a recently published decision, D.G. and S.H. v. K.S., FD-1386-14S, the Honorable Stephanie M. Wauters, J.S.C., issued what could prove to be a groundbreaking decision as the definition of family continues to develop and evolve with the ever changing times.  The original ninety-six page decision decision was abridged to twenty-two pages for the published decision in this matter. In this particular case, the Court was presented with a situation the litigants creatively referred to as a “tri-parenting” relationship, wherein three friends agreed to conceive, raise and take care of a child, O.S.H., together as one unit in two households.  Continue reading ›