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Articles Posted in Visitation

What visitation rights will I have if my spouse has physical custody of our children following our divorce?

In New Jersey, the term “visitation” is the antiquated terminology that simply  refers to parenting time that the non-custodial parent spends with the parties’ minor child(ren).  In fact, the terms “custodial” and “non-custodial” parent are not used any longer.   Rather, the more politically correct and current terminology uses two new designations  – the  PPR and the PAR.   These acronyms stand for “Parent of Primary Residence” (PPR) and “Parent of Alternate Residence” (PAR).  Essentially, the PPR is the parent at whose home the children reside the majority of their time.  Sometimes, if the parents share a true 50-50 (equal) parenting time, neither parent would be designated the PPR.  Sometimes however, even under these circumstances, it may be necessary to designate one parent as the PPR solely for school registration purposes, especially if the two parents live in different school districts or zones.    If the parties can work out an agreement between themselves, the court will usually approve it. Otherwise, the court must decide what type of arrangement will be in the best interests of the child(ren).

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covid19Are you concerned about the safety of your child during parenting time?

During this more than troubling time, where it feels like there is no safe shelter from the Corona Virus, all parents are having extreme concerns about the safety of their children, and their other family members, when it comes to whether a child should be transferred between homes for court ordered parenting time.

If you are having any questions or concerns about exposing your child to the virus by way of permitting parenting time, or whether you have questions or concerns about not being permitted to have parenting time with your child because of the other parent’s claims of possible exposure, you are not alone.        The law is clear that the existence of the pandemic, in and of itself, is not grounds to suspend parenting time in New Jersey.  However, this does not mean that the courts will permit all parenting time in cases where a child’s exposure to the Corona Virus is higher than the average circumstance.  Every case with respect to parenting time that comes before the court will be taken on a case by case basis, depending on the facts of the case.

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