(973) 403-9200

Mid-Week Visitation

As recently stated in an unpublished decision by Judge Jones from Ocean County, 1) A parenting schedule between divorced parents must reasonably consider a child’s best interests, including educational interests, and must account for each party’s responsibility to dutifully oversee their child’s academic obligations and schedule; 2) A non-custodial parent’s request for mid-week, overnight parenting time is not per se contrary to a child’s best interests, particularly when the non-custodial parent lives reasonably close to the other parent and the child’s school. Such a mid-week overnight arrangement, however, generally and implicitly carries ongoing duties and obligations on the part of the non-custodial parent to oversee the child’s ongoing educational responsibilities for the next day’s school session during such parenting time, including as applicable, attendance to homework assignments, preparation for tests and quizzes scheduled for the following school day, general studies, and a reasonable bedtime as well; 3) If and when competent evidence, beyond mere speculation or conjecture, persuasively reflects that a midweek overnight parenting schedule is becoming unduly obstructive of a child’s ongoing classroom performance and/or scholastic responsibilities at home, a court may in its discretion consider modifying the schedule in a child’s best educational interests; the court, however, will not modify same based upon generalized or speculative assumptions about midweek overnight parenting time, but upon a showing of persuasive evidence that such a schedule, is, in a particular case, contrary to a child’s interests. [Nov. 28, 2016]

For more information about your rights in divorce, please contact Chuck Vuotto at cvuotto@starrgern.com or by phone at his Roseland, NJ office (973) 403-9200. You may also read more articles on divorce at vuotto.com

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