Your relationship with your child is important to you. Separation and divorce can profoundly affect that relationship. Research has proven that your child’s adjustment to living arrangements after separation and divorce depends on the amount of time they spend with each parent and the quality of that time. This is also true of children of unmarried parents. In New Jersey, this time spent with parents, commonly known as “visitation”, is called “parenting time”.
The New Jersey divorce lawyer, Richard C. Klein, Esq. understands how important your parenting time with your children is to you. Based in the Cherry Hill area, in Camden County, New Jersey, Richard C. Klein has 30+ years experience practicing family law in New Jersey. He and his associates are well-versed in working out shared parenting time arrangements between spouses, and incorporating those arrangements into a comprehensive “parenting plan”.
Along with the parenting time schedule, a parenting plan may address each parent’s rights and responsibilities with regard to education, health care, religion, and financial support. Since the parenting plan so profoundly affects your child, it is imperative that you are represented by an experienced, knowledgeable family law attorney who understands parenting time and visitation concerns and how those considerations affect the other issues decided in the parenting plan. South Jersey divorce attorney, Richard C. Klein will provide you with competent, compassionate legal representation when working out your parenting time schedule and detailed parenting plan.
If you are looking for a matrimonial attorney practicing in Cherry Hill, Mt. Laurel, Medford, Haddonfield, Marlton or Moorestown, Richard C. Klein is the attorney you want negotiating your parenting time schedule with your spouse. He will diligently advocate on your behalf until you receive an acceptable visitation schedule. However, if a visitation arrangement and parenting plan cannot be worked out with your spouse, the New Jersey family courts will develop a parenting plan and visitation schedule based on evidence presented in court. The Burlington County divorce lawyer, Richard C. Klein, Esq., possesses the courtroom skills you require to represent your interests and to protect your parenting time rights in the New Jersey family law courts.
Parenting time, or “visitation”, is as important as child support in cases of divorce or separation. While child support is intended to meet your child’s financial needs, shared parenting time is meant to meet your child’s emotional and psychological needs. Sometimes parents turn child support issues into parenting time conflicts. The custodial parent does not have the right to withhold parenting time from the noncustodial parent even if child support payments are delinquent. Similarly, the noncustodial parent is still obligated to pay child support despite visitation issues. Well-versed in child support and child custody issues, Richard C. Klein, Esq., a renowned Cherry Hill family law lawyer, can provide compassionate, knowledgeable legal counsel to you. Whether you are the custodial parent and your spouse fails to pay child support, or you are the noncustodial parent and your former spouse inappropriately interferes with your court-ordered visitation, our parenting time attorneys will work vigorously to get you the outcome you desire.
The State of New Jersey takes interference with parenting time seriously. In fact, interference by either parent is a crime under New Jersey statutory law. The New Jersey Code of Criminal Justice, 2C:13-4(a) provides that “a person, including a parent, guardian or other lawful custodian, is guilty of interference with custody if he:
(1) Takes or detains a minor child with the purpose of concealing the minor child and thereby depriving the child’s other parent of custody or parenting time with the minor child; or
(2) After being served with process or having actual knowledge of an action affecting marriage or custody but prior to the issuance of a temporary or final order determining custody and parenting time rights to a minor child, takes, detains, entices or conceals the child within or outside the State for the purpose of depriving the child’s other parent of custody or parenting time, or to evade the jurisdiction of the courts of this State; or
(3) After being served with process or having actual knowledge of an action affecting the protective services needs of a child pursuant to Title 9 of the Revised Statutes in an action affecting custody, but prior to the issuance of a temporary or final order determining custody rights of a minor child, takes, detains, entices or conceals the child within or outside the State for the purpose of evading the jurisdiction of the courts of this State; or
(4) After the issuance of a temporary or final order specifying custody, joint custody rights or parenting time, takes, detains, entices or conceals a minor child from the other parent in violation of the custody or parenting time order.”
Under N.J.S.A. 2C:13-4(a), interference with custody is generally a crime of the 3rd degree, but the usual presumption of non-imprisonment for a first offense of a crime of the 3rd degree does not apply. However, if a child is” taken, detained, enticed or concealed . . . outside the United States or . . . for more than 24 hours,” it is a crime of the 2nd degree. In either case, jail time is a possibility.
In addition, under New Jersey Rule of Court 5:3-7(a), if the court finds that a party has violated an order respecting custody or parenting time, the court may order one or more of these remedies:
(1) compensatory time with the children;
(2) economic sanctions, including but not limited to the award of monetary compensation for the costs resulting from a parent’s failure to appear for scheduled visitation such as child care expenses incurred by the other parent;
(3) modification of transportation arrangements;
(4) pick-up and return of the children in a public place;
(5) counseling for the children or parents or any of them at the expense of the parent in violation of the order;
(6) temporary or permanent modification of the custodial arrangement provided such relief is in the best interest of the children;
(7) participation by the parent in violation of the order in an approved community service program;
(8) incarceration, with or without work release;
(9) issuance of a warrant to be executed upon the further violation of the judgment or order; and
(10) any other appropriate equitable remedy.
Clearly, whether you are charged with impeding a parenting time order, or you are a victim of interference with your visitation rights, your situation is serious. You need a knowledgeable, skilled New Jersey family law attorney proficient in parenting time issues. With our office located in Marlton, New Jersey, our matrimonial attorneys are well-known and well-respected in Burlington County, Camden County, Gloucester County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Salem County, and Somerset County divorce courts. Our New Jersey divorce attorneys will make sure you get the legal representation you need and deserve. Call us today at 856-988-5470 or contact us online to discuss all of your parenting time issues.