NJSBA Family Law Section

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  • 1.  Factors for parenting time adjustment at plenary hearing

    Posted 10-24-2018 07:53 PM

    In a plenary hearing seeking to increase parenting time (from 4 to 6 overnights out of 14), is it necessary for an expert to address all the custody factors in N.J.S.A. 9:2-4?

    Yes, we're having a plenary over this small an increase in time (which client has been seeking for 8 years -- since the child was 5 years old!). And yes, each side has a full expert report on it. Prepping for the hearing and our expert conducted interviews and gave psych tests (MMPI-2, etc) and opined on why the increase would be in the child's best interests, but didn't review each factor. Adversary's expert did go through the factors. Does it matter?

    Thanks,

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    David Perry Davis, Esq.
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    www.FamilyLawNJ.pro
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    57 Hamilton Avenue -- Suite 301
    Hopewell, NJ 08525
    Voice: 609-466-1222
    Fax: 609-466-1223



  • 2.  RE: Factors for parenting time adjustment at plenary hearing

    Posted 10-24-2018 08:21 PM
    Judge Bottinelli issued a written decision on Parenting time in April 2018. Wahid vs Wahid.

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  • 3.  RE: Factors for parenting time adjustment at plenary hearing

    Posted 10-24-2018 11:23 PM

    Do you have time to ask your expert to do an addendum to his/her report explicitly addressing the factors with information that is probably already in the report?  If not, I would ask them to address it on the stand, again, with information that is already there, just not expressed as such.

     

     

     

    Lynn B. Norcia Esq.

    Starr Gern Davison & Rubin, PC

    105 Eisenhower Pkwy.

    Roseland, NJ 07068

    Tel. 973-403-9200

    Fax. 973-226-0031

    [email protected]

     




    Original Message