Parenting Time Attorney

Protecting Your Relationship With Your Children

When a relationship ends, the bond between parent and child does not. Parenting time, often called visitation, is the structured schedule that governs when each parent spends time with the children. At Raghnal Burroughs in Livingston, NJ, our attorneys understand that no two families are the same, and we work tirelessly to create arrangements that keep your relationship with your children strong while meeting their developmental needs.

What Is Parenting Time and How Is It Determined?

Parenting time is the legally enforceable schedule setting out when your child lives with or visits each parent. Under N.J.S.A. 9:2-4, New Jersey courts are required to consider the best interests of the child as the paramount factor. The statute explicitly states that it is the public policy of this state to assure minor children frequent and continuing contact with both parents after separation.

Courts weigh a range of factors when determining parenting time, including:

• The parents' ability to agree, communicate, and cooperate
• The parents' willingness to accept custody and allow parenting time
• The interaction and relationship of the child with its parents and siblings
• The history of domestic violence, if any
• The safety of the child and either parent
• The preference of the child when of sufficient age and capacity
• The needs of the child
• The stability of the home environment offered
• The quality and continuity of the child's education
• The fitness of the parents
• The geographical proximity of the parents' homes
• The extent and quality of time spent with the child prior to separation
• The parents' employment responsibilities
• The age and number of the children

To learn more about how parenting time interacts with custody designations, visit our Child Custody page.

Typical Parenting Time Schedules in New Jersey

Weekday and Weekend Arrangements

The most common baseline schedule provides one parent with primary residential custody during the school week and the other parent with parenting time every other weekend, typically from Friday evening through Sunday evening. Depending on the parents' work schedules and the children's activities, weekday parenting time may also be incorporated, such as a mid-week overnight or a standing dinner visit.

Our attorneys will help you evaluate whether a standard alternating-weekend arrangement is appropriate or whether a more balanced schedule, such as a 2-2-3 rotation or a week-on/week-off plan, better serves your children's needs.

Holiday and School Break Schedules

Holiday schedules typically alternate each year on a set pattern. A comprehensive parenting plan should address:

• Major holidays: Thanksgiving, Christmas Eve, Christmas Day, New Year's, Easter, Memorial Day, Fourth of July, Labor Day
• School breaks: Winter break, spring break, and extended summer vacation
• Birthdays and special occasions: The child's birthday, Mother's Day, Father's Day

Age-Appropriate Arrangements

A schedule that works well for a teenager may not be appropriate for a toddler. Courts and parents must consider a child's developmental stage, attachment needs, daily routines, school commitments, extracurricular activities, and social relationships when designing a parenting plan. As children grow, their needs change, and a well-drafted plan anticipates those transitions rather than locking families into arrangements that no longer fit. Our attorneys work with you to craft schedules that reflect where your child is today while building in flexibility for the years ahead.

Right of First Refusal

A right of first refusal clause gives one parent the opportunity to care for the child before the other parent engages a third-party caregiver during their parenting time. These provisions can reduce childcare costs and increase both parents' time with the children, but they can also create friction if poorly drafted. Our attorneys carefully consider whether this clause is appropriate and draft it with clear trigger thresholds and notice requirements.

Long-Distance and Interstate Parenting

When parents live in different states or significant distances apart, standard weekly schedules become impractical. Long-distance parenting plans typically include:

• Extended summer parenting time (six to eight weeks) with the non-local parent
• Alternating winter breaks and spring breaks
• All major three-day holiday weekends with the non-local parent
• Travel cost-sharing provisions and agreed transportation protocols

If one parent is seeking to move out of state with the children, a separate and more complex legal standard applies. See our Relocation practice page.

Modifying a Parenting Time Order

Life changes. New jobs, school transitions, a parent's remarriage, or a child's evolving needs may all warrant a modification. Under New Jersey law, a court may modify a parenting time order upon a showing of a changed circumstance that warrants review and a finding that the change serves the child's best interests.

Mediation is frequently an efficient path to reach a mutually agreeable modification. Learn more on our Mediation page.

Enforcing a Parenting Time Order

When a parent refuses to comply with a court-ordered parenting schedule, New Jersey courts take violations seriously. Our attorneys pursue enforcement through:

• Order to Show Cause: Compelling the violating parent to appear before the court
• Contempt motions: Seeking make-up parenting time, attorneys' fees, and in egregious cases, incarceration
• Modification of custody: Where a pattern of interference is established, seeking a change in the primary residential arrangement

Frequently Asked Questions About Parenting Time

How is parenting time determined in New Jersey?

New Jersey courts determine parenting time based on the best interests of the child as required by N.J.S.A. 9:2-4. Judges examine more than a dozen statutory factors, including each parent's ability to cooperate, the child's relationship with each parent, the stability of each home, and the child's preference if old enough, and craft an order designed to maximize the child's welfare and maintain meaningful relationships with both parents.

Can we change our parenting time schedule after the order is entered?

Yes. Parents may agree to informally modify their schedule at any time, but for a modification to be enforceable, it must be incorporated into a court order. To obtain a formal modification, you must demonstrate a change in circumstances and show that the proposed change serves the child's best interests.

What happens if the other parent violates the parenting time order?

You have legal remedies available. We can file a motion for enforcement seeking make-up parenting time, attorney's fees, and a contempt finding. Do not attempt to retaliate by withholding child support or taking the children outside of your scheduled time. Both actions carry their own legal consequences.

Contact Our Parenting Time Attorneys

At Raghnal Burroughs, we recognize that parenting time disputes are about your relationship with your child. Our attorneys approach these cases with legal precision and a genuine understanding of what is at stake. We serve clients throughout New Jersey from our Livingston office.

Call us today at (908) 941-9319 to schedule a consultation and begin protecting your parenting time.