Parenting Time Interference

Parenting time interference is a serious issue. If you and your ex have a few miscommunications or mix-ups it is likely not statutory parenting time interference. Most parents have a few hiccups as they learn to co-parent. If you’ve had some miscommunication about parenting time, try to work out the kinks with your ex, by clearly writing up a schedule with times and drop-off locations. Create an open line of communication so that you can discuss changes or problems with the schedule.

There are some instances in which a parent actually does violate the law and commits the crime of parenting time interference as defined in New Jersey. This happens if:

  • A parent takes or keeps your child in order to conceal him or her to deprive you of your parenting time or custody rights
  • Is aware there is a custody case but before there is a final order, takes or conceals your child in order to deprive you of custody or parenting time or to evade the court’s jurisdiction
  • Has been served with papers for a protective order case before a final ruling and takes or conceals your child to evade the court’s jurisdiction; or
  • Has been given the final order of custody or parenting time and takes or conceals the child in violation of the order.

This is s third degree crime punishable by imprisonment of three to five years, and a fine of up to $15,000. This is a crime of the second degree if the child is taken or concealed outside the United States or for more than 24 hours.

If you are concerned that your ex is going to take or conceal your child, you should talk with your attorney about what you can do to protect your child and your rights.

DeTorres & DeGeorge is your custody law firm in New Jersey. Call us today to set up a time to talk about your case and your concerns.

Children & Divorce Guide
About DeTorres and DeGeorge Family Law

DeTorres and DeGeorge Family Law is a New Jersey based family law firm that has been helping New Jersey residents achieve the best possible results in their divorce for nearly 30 years. The DeTorres and DeGeorge Family Law team is always ready to fight for their clients’ rights – determined to help New Jersey families overcome legal challenges from start to finish. Our legal team, with over 65 years of combined experience, provides expert guidance on all family law and divorce-related matters, including custody and parenting time, alimony and child support, equitable distribution of assets, premarital agreements, post-divorce issues, executive compensation distribution, divorces for business owners, and divorce mediation. The firm has been recognized for its dedication and expertise in the industry by multiple local and national organizations, including Super Lawyers, Law Firm 500, and the American Institute of Family Law Attorneys. Rosanne DeTorres, Managing Partner, is one of 150 lawyers certified as a matrimonial law attorney.

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