Parenting time: Who is responsible for driving the kids?

by Jeralyn Lawrence, Family Law Attorney, Lawrence Law

Often in custody disputes, there are disagreements over who is responsible for transporting the children to and from parenting time. In the Appellate Division case of Devorak v. Devorak, the court held that the parties were to share equally in the driving responsibilities.

· When the parties’ divorced, both lived in Woodbridge, New Jersey.
· They agreed that Defendant would be responsible for the pick-up and drop-off of the child.
· Plaintiff relocated to New York City, and Defendant still agreed to do all of the driving in order to exercise his parenting time.
· However, when Plaintiff moved back to New Jersey, they did not agree as to how to share transportation responsibilities.
· Plaintiff lived in Roseland and Defendant lived in Ewing.
· To be fair to both parties, the court allocated the responsibility equally.

Generally, parents agree to share driving equally, with the parent receiving the child doing that portion of the transportation. This case will help make clear that a component of parenting time is equally sharing in the transportation responsibilities.

If you have questions about custody, parenting time or any other family law matter, please contact me at .

Jeralyn Lawrence is a family law attorney with Lawrence Law in Watchung. She also serves as Second Vice President of the New Jersey State Bar Association (slated to become President in 2022), is the Past Chair of the Family Law Section of the NJSBA, and serves as Second Vice-President of the American Academy of Matrimonial Lawyers. She can be reached at or (908) 645-1000.

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