MEETING OPTIONS DURING THE CORONAVIRUS: The Law Offices of Peter Van Aulen understands your concerns regarding the spread of the Coronavirus, and now offers different meeting options to our clients and those seeking legal representation. All meetings, including initial consultations, can be handled either through the phone, FaceTime, Zoom, or in person.
New Jersey law establishes guidance in regard to scheduling holiday parenting time. Essentially, if parents are unable to agree to a parenting time schedule for the holidays during divorce case, or after the conclusion of a marriage termination proceeding, the basic structure is alternating holidays between the parents. With that said, when it comes to holiday parenting time, there are a number of factors to be taken into consideration that include:
The paramount consideration in crafting a holiday parenting time schedule is the child's best interests. In fact, decisions made in regard to children in family law matters, including determining parenting time for the holidays, are necessarily based on a close consideration of the best interests of a child. This involves carefully considering their existing traditions, their relationships with extended family members, and their personal wishes if they are old enough to express them. The ultimate aim is to ensure that the child maintains a sense of comfort and stability, despite the changes in their family structure. It's about creating a plan that minimizes disruption to the child's life and maximizes their happiness and well-being.
FairnessIt's essential to strive for fairness when dividing holiday time between both parents. An equitable distribution of time not only fosters a sense of justice but also allows the child to spend quality time with both parents. This may involve alternating major holidays each year or dividing each holiday into two parts. It's about ensuring that both parents get to share in the joy of the holidays with their child, creating a balance that respects the rights and responsibilities of each parent.
Travel TimeThe geographical distance between the parents' homes is an important consideration. If one parent lives far away, it might be more practical and less stressful for the child to stay with them for longer periods during school holidays. This reduces the burden of frequent travel on the child and ensures that their time is spent enjoying the holidays, rather than being on the road or in the air.
Existing TraditionsAcknowledge and respect any existing traditions that the child values. Whether it's a special breakfast on Christmas morning, a specific New Year's Eve countdown, or a family game night on Thanksgiving, these traditions provide a sense of stability and continuity for the child amidst the changes. It's important to honor these traditions and incorporate them into the parenting time schedule where possible.
FlexibilityBe prepared to be flexible. As children grow and circumstances change, what worked one year might not work the next. Be open to reevaluating and adjusting the parenting time schedule as needed, always with the child's best interest in mind. This might mean being willing to trade holidays, adjust times, or alter plans as needed.
CommunicationOpen, respectful communication between parents can significantly ease the process. By keeping the lines of communication open, parents can address any issues promptly and reduce the stress associated with scheduling and transitions for everyone involved. This might involve regular check-ins, open discussions about the schedule, and a willingness to listen to each other's concerns.
New PartnersIf a parent has a new partner, consider how this might affect the child. This new dynamic should be taken into account when planning the parenting time schedule to ensure the child feels comfortable and secure at all times. It's important to introduce new partners gradually and to always be sensitive to the child's feelings and reactions.
School ScheduleThe child's school schedule is a critical consideration. Any parenting time plans should not interfere with their education. This includes not only class times but also extracurricular activities and study periods. The child's academic success should never be compromised because of the parenting time schedule.
Legal AdviceFinally, seeking legal advice when creating a holiday parenting time schedule can be very beneficial. This ensures that the agreement is not only fair but also legally binding. A lawyer can provide guidance on the legal aspects and help parents navigate any potential issues. They can also help to ensure that the plan follows any court orders or legal requirements, adding an extra layer of security to the process. If you have any questions concerning child custody and parenting time, call (201) 845-7400 for a free consultation.