New Jersey Parenting Time Lawyer

Most parents who come to us about parenting time want the same thing: a schedule their children can live with, one that holds up when work changes, a school year starts, or the other parent stops cooperating. Sanvenero & Cittadino, LLC handles divorce and family law for parents throughout Monmouth County, Ocean County, Middlesex County, and across the State of New Jersey, and a New Jersey parenting time lawyer from our team can help you build, defend, or change a schedule that fits your family.

The ground under these cases moved recently. Amendments to New Jersey’s custody statute, signed into law on January 20, 2026 as Kayden’s Law, made child safety the threshold question in every custody and parenting-time decision. The old presumption favoring frequent and continuing contact with both parents came out of N.J.S.A. 9:2-4, the list of best-interest factors grew to 15, and judges in contested cases now have to make detailed findings on the record. A parenting plan written the way these cases were handled a few years ago may not hold up the way you expect.

What Changed in New Jersey Parenting Time Law and Why It Affects Your Plan

Under the revised statute, a court deciding custody and parenting time has to promote the safety of the children as a threshold issue before it gets to anything else. That changes where a case starts. If there is a history of domestic violence or child abuse, the parent responsible cannot be given more custody or time as a way of repairing the relationship with the child. Safety comes first, and relationship-building is not a reason to override it.

Two other changes matter just as much in practice. First, courts may no longer order reunification therapy unless there is generally accepted, scientifically valid evidence that it is safe and effective. Second, a judge cannot simply assume a child’s reluctance to see a parent is parental alienation; the court has to investigate the reasons behind it. Where a mental health professional evaluates the family, that person must be state-licensed, and when domestic violence or abuse is in the picture, must have specific training and experience in those issues.

For a parent, this means the quality of your evidence and the clarity of your proposed plan carry more weight than they used to. A well-built, child-focused schedule that anticipates the questions a judge now has to ask puts you in a stronger position than a plan that leans on assumptions the law no longer makes.

Why Choose Sanvenero & Cittadino, LLC for Parenting Time Matters

Sanvenero & Cittadino, LLC is a full-service law firm with family law at its center, representing parents and families across Monmouth, Ocean, and Middlesex Counties, including Red Bank, Rumson, Middletown, Holmdel, Colts Neck, Tinton Falls, Freehold, Long Branch, Asbury Park, Shrewsbury, and Toms River. Our attorneys are admitted in New Jersey, New York, Florida, and the District of Columbia, and several have been recognized by Super Lawyers. Clients tell us what they value is simple: we communicate clearly, return calls, and explain each step in plain terms.

Richard Sanvenero, our Managing Partner, is a New Jersey Supreme Court Certified Matrimonial Attorney. He previously served as a law clerk in the Family Part of the Superior Court of New Jersey, so he has seen parenting disputes from the bench side, and he is trained in mediation, arbitration, and collaborative divorce. That training matters because many parenting plans are best settled outside a courtroom, and some are not. We prepare for both. Joshua Cittadino, our Founding Partner, brings experience in real estate, construction litigation, personal injury, employment matters, and business transactions, which helps when a parenting dispute is tangled up with a family business, a home sale, or an unpredictable work schedule. Mike Canarick, Of Counsel and a tax and estate planning attorney, rounds out a coordinated team that can address the financial and planning questions that sit next to custody.

We do not promise results in a parenting case, because no honest lawyer can. What we offer is preparation, candor about how a judge is likely to view your facts, and a team that can handle the support, property, business, and domestic violence questions that so often travel with a parenting dispute.

Parenting Time Disputes We Handle for New Jersey Parents

• Initial Parenting Plans in a Divorce: Setting the regular weekly schedule, holidays, school breaks, summer weeks, and transportation, either by agreement or through the Family Part when parents cannot agree.
• Contested Custody and Best-Interest Litigation: Cases where parents disagree on legal or residential custody, and the court weighs the expanded best-interest factors after making safety its first inquiry.
• Domestic Violence and Parenting Time: Restraining order proceedings under the Prevention of Domestic Violence Act and how a temporary or final restraining order shapes contact, exchanges, and supervised time with the children.
• Modification of Existing Orders: Requests to change a schedule after a relocation within or outside New Jersey, a new work shift, a child’s changing needs, or a parent’s changed circumstances.
• Enforcement of Parenting Time: Motions when a parent withholds the children, repeatedly cancels time, or ignores the holiday and travel terms of a judgment.
• Claims of Parental Alienation or Child Reluctance: Responding to allegations that one parent is turning a child against the other, or defending against them, in light of the new requirement that a court investigate the reasons behind a child’s reluctance.
• Parenting Time for Unmarried Parents: Establishing a schedule when the parents were never married, including after paternity is established.
• Children’s Preferences: How much weight a child’s stated wishes may carry under the amended statute, and how to present them appropriately without putting a child in the middle.

What to Do When a Parenting Time Problem Comes Up

The first decision is whether you are creating a schedule or changing one. If there is no order yet, your priority is a concrete proposal, not a position. Judges respond to specifics: who handles school mornings, where exchanges happen, how holidays alternate, how a parent’s work hours fit around the children’s activities. Start writing that down now. Keep a simple, factual calendar of the time each parent actually spends with the children, since the real routine often matters more than the one either parent describes later.

If you already have an order and the other parent is not following it, resist the urge to retaliate by withholding your own cooperation. Document missed exchanges, late arrivals, and canceled visits with dates and short factual notes, and keep communications civil and in writing. Texts and emails written in anger are the most common thing we see damage a parent’s credibility. If you believe a child is unsafe, say so clearly and early, because under the amended statute safety is the threshold issue and the court will want to hear it first.

If a restraining order is involved, the timeline is short. A temporary restraining order includes a hearing date within ten days, and the outcome of that process can affect custody, housing, and firearm rights. Whether you are seeking protection or defending against an allegation, speak with an attorney before that hearing, not after.

Where your case will be heard depends on where the children live. Monmouth County families go to the Family Division at the Monmouth County Courthouse in Freehold. Ocean County families are heard through the Family Division at the Ocean County Justice Complex in Toms River. Middlesex County families go to the Middlesex County Family Courthouse in New Brunswick. A common mistake is acting as though an informal text agreement with the other parent is enforceable. It is not, and a parent who relies on one can be left with no remedy when the arrangement collapses. Get the terms into a signed agreement or a court order.

Changing a Parenting Schedule After the Judgment

A parenting time order is not frozen. Children grow, jobs change, and families move. To modify an existing order, the court generally looks for a substantial change in circumstances that affects the children’s best interests, and it is your job to prove it with specifics, not general dissatisfaction. A new overnight work schedule, a child entering a different school, a documented safety concern, or a relocation can all qualify, depending on the facts.

Because the custody statute was amended, some parents with older orders may have grounds to revisit terms that rested on assumptions the law no longer makes, such as court-ordered reunification therapy or a schedule built around the old presumption of frequent and continuing contact. Whether that helps you depends on your facts and your existing order, and it is worth a candid conversation before you file anything.

Parenting time also interacts with money. Child support and medical support obligations generally end by operation of law when a child dies, marries, enters military service, or turns 19, unless a court order or agreement says otherwise. A change in the overnight schedule can ripple into support, and we look at both sides of that question together.

Frequently Asked Questions About Parenting Time in New Jersey

What is the difference between custody and parenting time in New Jersey?

Custody covers legal decision-making, such as education, healthcare, and religion, and where the children primarily reside. Parenting time is the actual schedule of when each parent has the children. A parent can have shared decision-making authority and still have a very different amount of time with the children than the other parent.

Did the 2026 custody amendments end 50/50 parenting time?

No. The amendments removed the statutory presumption favoring frequent and continuing contact with both parents and made safety the threshold issue, but they did not ban equal schedules. Many families still agree to or are given roughly equal time. The difference is that no one starts with a presumption in their favor, and the court must make findings under an expanded list of 15 best-interest factors.

Can a child choose which parent to live with?

A child does not make the decision, but under the amended statute a child’s preferences carry more weight than before, particularly for older and more mature children. A judge considers the reasons behind the preference, not just the preference itself, and how it is presented matters. Pressuring a child to take a side generally hurts the parent who does it.

What happens if the other parent keeps violating the parenting time order?

You can file an enforcement motion in the Family Part. Courts look for clear proof of noncompliance, so dates, messages, and a record of missed exchanges are the foundation of the case. Remedies depend on the facts and can include make-up time and other relief, and we help you build the record before you file.

How does a restraining order affect parenting time?

A temporary or final restraining order can limit or condition contact, change how exchanges happen, and lead to supervised time. A final restraining order does not expire on its own. Because the revised custody statute treats safety as a threshold issue and bars rewarding an offending parent with more time to repair the relationship, a restraining order finding can strongly influence the schedule.

Can my ex take the children out of New Jersey?

It depends on what your order or agreement says and whether a relocation is involved. Short trips are often governed by the travel terms of your judgment, while a permanent move generally requires the other parent’s consent or court approval. If you are worried about a planned move, raise it with an attorney before it happens rather than after.

Is parental alienation still something a court will consider?

The court can still consider evidence about one parent’s conduct toward the other, but the amended statute says a judge may not simply assume a child’s reluctance to see a parent is alienation. The court has to investigate the real reasons, which can include fear or safety concerns. If you are accused of alienation or are the targeted parent, the quality of the evidence is everything.

Can a judge order my child into reunification therapy?

Under the amended law, not unless there is generally accepted, scientifically valid evidence that the specific approach is safe and effective. This is a significant limit, and it affects cases where a parent wants a court to force a child to rebuild a relationship through therapy.

How long does a contested parenting time case take in the Family Part?

Timelines vary with the county, the court’s calendar, and whether evaluations or a trial are needed. Cases that settle through negotiation or mediation move faster than those that require detailed findings after a hearing. We tell clients early what a realistic path looks like for their facts rather than offering a guess we cannot support.

Is it worth hiring a lawyer if the other parent and I mostly agree?

Often yes. An agreement that is vague on holidays, exchanges, or travel is where most later disputes begin. Having an attorney turn your understanding into a clear, enforceable order costs far less than litigating a misunderstanding later, and it protects the plan if circumstances change.

What if I am a parent who was never married to the other parent?

You can still seek a parenting time schedule through the Family Part. If paternity is not yet established, that step comes first. Once it is, the court applies the same best-interest framework and the same safety-first inquiry that apply to married parents.

Can parenting time be affected by my work schedule or a family business?

Yes. Irregular hours, travel, or seasonal work common to hospitality, construction, and entertainment can complicate a standard schedule. The solution is usually a plan that builds in flexibility with clear rules, not a rigid template, and our firm’s experience with business owners and creative professionals helps us draft schedules that actually work.

Serving Parents Across Monmouth, Ocean, and Middlesex Counties

Our parenting time work begins in Monmouth County, where we represent parents from Red Bank, Rumson, Shrewsbury, Middletown, and Holmdel to Colts Neck, Tinton Falls, Freehold, Long Branch, and Asbury Park. Families in these communities may have their cases heard in the Family Division in Freehold, and we are familiar with how local judges approach the new custody framework. We also serve parents in Ocean County, including Toms River, and in Middlesex County, where the Family Part sits in New Brunswick, and we represent clients elsewhere across the State of New Jersey when a case calls for it.

Whether you are setting a schedule for the first time, defending one you worked hard to keep, or trying to change one that no longer works, we tailor the strategy to your children, your work life, and the court that will hear your case.

Talk With a New Jersey Parenting Time Attorney Today

Parenting time decisions shape your relationship with your children for years, and the rules governing them have recently shifted. If you want a clear read on where you stand, a New Jersey parenting time attorney at Sanvenero & Cittadino, LLC can review your situation, explain how the amended custody law applies, and map out a plan. Call us to schedule a consultation and get a straight answer about your options.