There should be a right of first refusal for both parents (typically 3-4 hours that the "onboard" parent cannot exercise their parenting time.) A parent stands in front of any other person, inclusive of a grandparent (with exceptions for grandparents who have helped raise the grandchildren, etc.). If you client can take care of the children during the times that the other parent is working, they are first in line. Attempt mediation first b/c it is required. If it fails, file a motion based enforcement of litigant's rights (if <g class="gr_ gr_889 gr-alert gr_gramm gr_run_anim Grammar only-ins replaceWithoutSep" id="889" data-gr-id="889">first</g> refusal is a part of the agreement), if not, look for a change of circumstances.
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Laurie Poppe, Esq., L.S.W.
Hillsborough, NJ
908-209-4659 (cell)
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Original Message:
Sent: 03-13-2017 15:26
From: Kevin Regan
Subject: Modification of custody agreement
Post judgment. Parties have 50/50 arrangement. One week on, one week off. Husband works night shift and kids stay with his mom/kids grandmother during his week (grandma lives in apartment in dad's home). Wife claims the kids have reported grandma is mean and nasty to them and they don't want to stay with her. Kids have tried to call mom while in grandma's care and she does not permit. Grandma has even told wife that she will not allow kids to call her as they are "under her rules" when with her.
Mom wants to have kids stay with her when Dad works overnights. She does not want a support increase. Parties live 5 minutes apart. Mom has approached Dad to see if he would acquiesce. No dice. Told her he would "f" her up in court.
There is a mediation requirement in MSA.
Thoughts on proceeding? Grounds for modification?
Kevin M. Regan, Esq.
43 Maple Avenue
Morristown, New Jersey 07960
Ph. (973) 998-9880
Fax (973) 998-9872
www.kevinreganlaw.com