Friday, August 10, 2012

Parenting Rights for Fathers Improving in NJ?

Often the Parent of Primary Residence (PPR), traditionally the mother, will make it difficult for the other parent, Parent of Alternate Residence (PAR), to see the children. Fathers who worked to support a family only to face divorce often find themselves unable to see their children as a result of courts forcing them to continue to support the now dissolved family, including a former spouse, for no other reason than they did so during the marriage. As a result of being forced by courts to work long hours, sometimes even second or third jobs, to pay the bills of the former spouse, fathers are further denied the opportunity to raise the children and find themselves relegated to the position of PAR. It is often only a matter of time before fathers find the other party withholding or denying parenting time. A recent NJ case offers hope to the PAR. In Ewing v. Hart, the NJ Appellate Court held that (1) a mother who moved to Florida with the children and denied summer and holiday visitation time to the father was in contempt of court; (2) charged the mother with custodial interference and signaled she may be required to return the children to NJ if the mother did not cease her interference with the father's parenting time; and (3) permitted the father to file a motion for a change in custody in the event the mother continued to deny the father parenting time as ordered. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are involved in a dispute regarding child custody or parenting time, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on dissolution of a marriage, civil union or domestic partnership, child custody or other family law matters in New Jersey visit HeatherDarlingLawyer.com.

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