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