PARENTING TIME AND VISITATION

“Parenting Time” and “Visitation” are the same. In New Jersey, the Courts utilize the term “parenting time” while in New York, they utilize the term “visitation.” Regardless what you call it, it is about spending quality time with your children, without being harassed and told what to do by their mother.

In New Jersey, as well as in New York and other states, fathers can now obtain 50\50 parenting time. This usually involves splitting the week. While this arrangement works best with children who are under 5 years old and not yet in kindergarten, 50\50 parenting time arrangements are becoming more popular with older children when both parents work full time and live nearby one another.  In New Jersey, the number of overnights will also impact the amount of child support you pay or receive.

As a father, you are also entitled to take your children away for vacation, celebrate holidays (usually alternating every year) go to all extracurricular activities, graduations, etc. Also in most counties in New Jersey, especially Bergen County, as soon as you file for divorce, you will be automatically scheduled for “Custody and Parenting Time Mediation” so that these issues can be worked out in advance of the rest of your divorce. This mandatory mediation will help prevent your wife from using your children as pawns in the divorce. Unfortunately, NY has not yet caught on to the concept of mandatory mediation, but you can ask for your spouse to engage in mediation on a voluntary basis in New York.

In New Jersey if you are already getting divorced or you are already divorced and you are having difficulty getting your parenting time, you can ask for a “Parenting Coordinator” (usually a social worker) to be appointed by the court to be an intermediary with your wife or ex-wife to coordinate compliance with the parenting time schedule.

In many cases, however, rather than getting a parenting coordinator, I can go directly into to Court on your behalf to enforce your parenting time rather than waiting around for your wife to “do the right thing.” 

Most judges will tell your wife on the return date of the motion that a child needs both parents!

GET THE BENEFIT OF EXPERIENCE ON YOUR SIDE

For over 20 years, attorney Michael Berkley has aggressively represented fathers who face all kinds of marital disputes, and Mr. Berkley has effectively and timely resolved their cases.  He will take the time to advise you on your rights and obligations. An effective negotiator and trial attorney, Mr. Berkley will explore all methods of resolving your case to avert costly and time-consuming litigation. Should negotiation prove unsuccessful, however, Mr. Berkley is ready with an “iron legal fist” to protect your best interests in court.

FIND OUT WHAT WE CAN DO FOR YOU

Call (201) 525-1666 to schedule a free initial consultation with an experienced father’s rights lawyer. Our phone is answered 24 hours a day, 7 days a week. For your convenience, evening and weekend appointments are available. 

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Law Offices of Michael P. Berkley Esq., P.C.

New Jersey Office:
55 State St.
Hackensack, NJ 07601
Tel: (201) 525-1666
Fax: (201) 525-1669

New York Office:
585 Stewart Ave., Ste. 700
Garden City, NY 11530
Tel: (516) 227-2121
Fax: (516) 227-1250