QUESTION
My ex agreed to give me more time with my child if the custody agreement says ”we agree to stay w/plan barring extreme circumstances.” Is this wise?
Asked on Sep 22nd, 2020 on Child Custody - New Jersey
More details to this question:
My ex agreed to giving me more parenting time with my child without a fight if we add writing that says we will stay with the new plan “barring extreme circumstances that are non-conducive to the child’s well-being.” Does this limit me from asking for changes - both custodial and parenting time - in the future?
2 ANSWERS
Family and Matrimonial Law Attorney serving Parsippany, NJ
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Weinberger Divorce & Family Law Group, LLC
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Thank you for your question. Language in parenting time and custody agreements needs to be clear and well thought out. You would benefit from a free consultation with an attorney, either by phone or video conference, to go over your rights and options and help you structure a proper parenting time and custody agreement.
Answered on Sep 23rd, 2020 at 12:47 PM
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Divorce Attorney serving Short Hills, NJ
at
Diamond & Diamond, P.A.
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Without seeing the document in its entirety, I agree with you that its "loosy-goosey" ( legal term) and gives too much discretion to her, based on her perception of the child's best interest. My suggestion is that you and she agree to have a neutral lawyer prepare a formal amendment to the existing custody & parenting time plan, laying out the new parenting time plan and also having clear language that lays out the procedure for both of you to follow in the event either of you think that changes are needed or if either of you think that the plan is not working properly. To that end, the agreement can require both of you to submit your concerns to an agreed upon parenting mediator or parenting coordinator to work with both of you on changes if needed - but this type of thing needs to be spelled out in the document - instead of the 2 of you using loose language that a judge is then called upon to try and figure out its meaning.
Answered on Sep 23rd, 2020 at 10:18 AM