NJ Court clarifies when a risk assesment is needed with respect to parenting time

 This recently decided case highlights the intersection of domestic violence and custody/parenting time.  Recognizing that the safety and welfare of the children should be the paramount concern the court required the assessment in this case.

FAMILY LAW — CUSTODY
20-4-7829 Lavine v. Lanza, Ch. Div., Cape May Co. (Rauh, J.S.C.) (3 pp.) The issue presented is whether N.J.S.A. 2C:25-29(b)(3)(a), requiring a risk assessment when requested prior to the entry of an order for parenting time unless arbitrary or capricious, applies in the context of an application to modify a final restraining order that already provides for parenting time. The court concludes that given the facts presented in this case it does. [Decided May 2, 2012.]

About Sandy Durst

Sandy Durst, Esq., is the founding partner of The Durst Firm where he heads the Family Law Department. Individuals facing a divorce benefit from the combination of legal skill, common sense and compassion that Sandy brings to each and every matter. Each case is given the personalized attention it deserves.
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