If my ex puts our child in daycare, or with a babysitter during their parenting time, am I entitled to spend that time with my child? This is a frequent question that I receive, and it occurs more often that most people realize. The scenario is usually that both parents share custody, with one parent being designated the parent of primary residence, and the other parent being designated the parent of alternate residence, who receives "parenting time" with the child. But what if during either parent's time with the child they put the child in daycare, or leave them with a babysitter, and the other parent is available to care for the child during that time period?
In New Jersey, courts recognize a parents right of "first refusal", meaning if one parent isn't available when the child is scheduled to be with them, the other parent may spend that time with the child, having priority over a daycare or babysitter. However, this is not automatic, and is something that should be included in a Court Order, or a Consent Order, if the parties can agree.
If the parties cannot agree, as with any matter involving a child, the court will look at whats in the best interest of the child, and will consider many factors, including the quality of the relationship between the child and the parent seeking such an arrangement.
If you, a family member or friend has questions about divorce, child support, visitation (parenting time), or any other family law issue, call my office for a free consultation. I'll explain the law and how I may be able to help.
All the Best,
RANDY C. REDDEN
(856) 448-6200
In New Jersey, courts recognize a parents right of "first refusal", meaning if one parent isn't available when the child is scheduled to be with them, the other parent may spend that time with the child, having priority over a daycare or babysitter. However, this is not automatic, and is something that should be included in a Court Order, or a Consent Order, if the parties can agree.
If the parties cannot agree, as with any matter involving a child, the court will look at whats in the best interest of the child, and will consider many factors, including the quality of the relationship between the child and the parent seeking such an arrangement.
If you, a family member or friend has questions about divorce, child support, visitation (parenting time), or any other family law issue, call my office for a free consultation. I'll explain the law and how I may be able to help.
All the Best,
RANDY C. REDDEN
(856) 448-6200
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