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Clients often ask us whether a true (50/50) shared parenting time plan is feasible. The short answer is, yes, it is feasible. However, the viability of a shared parenting time plan is dependent on several important factors and not always in the best interests of the children. Although not an exhaustive list, the following factors are some of the considerations and factors that parents should contemplate when determining whether a 50/50 parenting time plan is practicable.

As I set forth in detail in a prior blog post, the criminal charge of “Official Misconduct” in New Jersey has serious consequences ranging from 3-10 years, depending on the allegations (or the degree of the Official Misconduct charge). In addition, unlike most other non-violent crimes, a conviction for Official Misconduct carries a period of parole ineligibility – meaning that you will be in State Prison without the possibility of parole for a lengthy period of time.

The New Jersey Appellate Division decided, and in the process “saved,” a very important piece of legislation in New Jersey – the bias intimidation statute. In State v. Pomianek, decided on January 31, 2013, the defendant David Pomianek, a public employee, was convicted by a jury of harassment by communication, N.J.S.A. 2C:33-4(a), and harassment by alarming conduct, N.J.S.A. 2C:33-4(c) for his conduct towards an African-American co-worker. Based on those two predicate offenses, the jury convicted defendant of bias intimidation pursuant to N.J.S.A. 2C:16-1(a)(3).

On April 14, 2012 I wrote a post regarding if, and when, marital fault matters in a divorce. My post followed up on an article written by my colleague, Jhanice Domingo on April 5, 2012 for the Patch Newspapers.