Articles Tagged with visitation

In enacting New Jersey statute, N.J.S.A. 9:2-2, the Legislature established a mechanism and25ebc4898eb30bc0cd7290a9cc18a32e-300x200 procedure for a divorced or unmarried parent when seeking to move with one’s children outside the state of New Jersey.  The statute provides:

“When the Superior Court has jurisdiction over the custody and maintenance of the minor children of parents divorced, separated or living separate, and such children are natives of this State, or have resided five years within its limits, they shall not be removed out of its jurisdiction against their own consent, if of suitable age to signify the same, nor while under that age without the consent of both parents, unless the court, upon cause shown, shall otherwise order. The court, upon application of any person in behalf of such minors, may require such security and issue such writs and processes as shall be deemed proper to effect the purposes of this section.”

The Courts in New Jersey have on several occasions interpreted this statute to address the standard for the family courts to apply when one parent wants to move out of New Jersey with the parties’ children, and the other parent objects to the children making such a move.   We addressed this standard in a previous blog with regard to parents having a shared 50/50 custodial arrangement based on the decision of the Appellate Division in Bisbing v. Bisbing, 445 N.J. Super. 207 (App.Div. 207), affirmed in part, modified, 230 N.J. 309  (2017).  In another blog, we addressed the standard for relocation based on the factors outlined in Baures v. Lewis, 167 N.J. 91 (2001).  In those cases,  before the children were removed from New Jersey, an application was made by the parent seeking to move.  Does that have to be the procedure?  Can the parent make that application after the move?  Is it the obligation of the objecting parent to make an application objecting to the children’s removal from New Jersey?

A frequent post-divorce concern or criticism often heard from the parent who has primary residential custody of child is that their former partner does not exercise their parenting time and thatvisitation-300x200 the failure of their partner to keep to the schedule has negative monetary and lifestyle implications. I have always viewed a failure to exercise parenting time as a matter that needed to be addressed economically.   Many matrimonial attorneys and judges, however, relying on a 2006 case encaptioned J.S. v. L.S, 389 N.J. Super. 200 (App.Div. 2006), have opined that the failure a parent to exercise parenting time did not give rise to a right for economic relief. Continue reading ›

More and more women are choosing to exclusively breastfeed given the reports as to the superior health benefits, not just physically but psychologically, of breast feeding.  Arranging parenting file000956778186-225x300 time between divorced or separated parents of a child who is still breastfeeding poses issues not just with overnight parenting time but daytime parenting time as well. Children who are exclusively breast-fed may reject a bottle.  Nevertheless, there is an argument that the child should be given breast milk from a bottle during parenting time. After all, not only should the child receive the best nutrition, but also facilitating a relationship with the father at the earliest age possible is in the child’s best interest. Continue reading ›

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 ›

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 am always encouraged when parents who are ending their relationship strive to put aside their own personal conflict with one another to try to do what is best for their children.  It is well aacknowledged that it is important to children’s development for them to have consistency and stability in their lives.   Children may have already experienced and witnessed discord and strife when their parents are splitting up, and may experience worry and uncertainty about what their living arrangements are going to be when their parents are no longer living together.   Parents who strive to maintain a life of consistency and reduced volatility after the parents have ended their relationship should be lauded.  How to put into practice the desire for consistency for the children can be difficult. Continue reading ›

Frequently, clients come to me complaining that their spouse or partner is exposing their children to dating relationships or conversely ask what should be their response to a spouses objection. Generally I advise that one should follow a common sense approach, meaning one should look at the effect on the children and not rush to judgment automatically, contrary to the position of one’s spouse. I think it is fair to say in general that children should not be exposed to serial partners who are all introduced as mom’s or dad’s new best friend. Continue reading ›

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On January 12th 2015, the Appellate Division published its opinion in the case of Costa v. Costa.  In Costa, the parties were married in 1994 and divorced in 2006.  They had two children together, one being born in 1997 and the other in 2000.  By way of settlement agreement entered into at the time of the divorce, the parties agreed the mother would be the primary residential custodian and that they would share joint legal custody of the children. Continue reading ›

The Appellate Division recently handed down a clear and unambiguous message to triall courts and litigators alike regarding custody disputes and how they should be handled procedurally, regardless of whether the case is pre- or post-judgment.  The case, entitled D.A. v. R.C., involved the biological parents of a fourteen (14) year old boy each seeking to be designated as the parent of primary residence approximately ten (10) years after entering into a consent order resolving all issues of custody between them.  Continue reading ›

We all look forward to the holiday season. Traditions developed around holidays build a collective family memory that binds us together uniquely and permanently. We bring the traditions we learn in our childhoods into our marriages and incorporate them with our spouse’s traditions into a new hybrid tradition. We do this generation to generation creating traditions and cementing the family across generations. Continue reading ›