NJSBA Family Law Section

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  • 1.  Every Weekend Parenting Time

    Posted 01-12-2015 06:52 PM

    Hello Listmates,

    Have to admit that I am being a bit lazy but I am under the weather and trying to remember the case that stands for the proposition that one parent should not have every weekend as their parenting time since the other parent is left to contend with school and extracurricular activities and has not actual "fun time" with their child.  If anyone could shoot me the name or cite that would be truly amazing and appreciated. 

    TIA,

    Eric 
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    Eric Hannum Esq.
    Jackson NJ
    (732)370-9596
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  • 2.  RE: Family Law : Every Weekend Parenting Time

    Posted 01-13-2015 12:45 PM

    Eric -

    I don't think you're going to find an exactly on-point case that instructs courts to divide "quality time" (weekends, assuming parent works M-F) versus "quantity of time".  It's more common sense than case law as to scheduling time with parents, although O'Connor v. O'Connor, 349 N.J. Super. 381 (App.Div. 2002) (online at http://scholar.google.com/scholar_case?case=5575157028745297261 ) and Cipriani v. Fontana (Unpublished, April 2014, online at http://scholar.google.com/scholar_case?case=7027688687636945490 ) both make reference to "quality time" as a consideration when awarding and discussing shared parenting. 

    I'd also reference the whole Beck v. Beck line of cases (see http://scholar.google.com/scholar?hl=en&as_sdt=4,31&q=beck+shared+parenting&scisbd=2 ) and the evolution over the past 20 years away from parent-child relationships consisting of one "visitor" and one "parent" and toward a system-wide recognition that kids' best interests are served by sharing the burdens and joys of shared parenting when both parents are capable and interested.  It's implicit in that idea that neither parent should be just the "fun" / weekend parent, leaving the other parent the less interesting (but still rewarding) day-to-day parenting responsibilities (or, as said to several folks seeking shared parenting who otherwise would have been visitors ... "be careful what you ask for... you might get it.")

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    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
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