Can I Reduce Visitation Because of My Child’s Poor Performance in School?By Moskowitz Law Group, LLC |
The divorce process involves numerous legal guidelines and negotiations between both parties, including those involving the custody of a divorcing couple’s child or children. The two types of custody are legal and physical custody. Legal custody means the right and responsibility to make major decisions for a child, including schooling and healthcare. Physical custody governs visitation. Legal custody can be sole or joint. Joint legal custody is much more common. Parents who share joint legal custody both have equal rights and responsibility to make major decisions for a child. A parent who has sole legal custody is the only parent who has the right and responsibility to make major decisions for a child.
Physical custody can be primary, sole, or joint. A parent with primary physical custody is also known as the parent of primary residence. This parent has the child the majority of the time, while the other parent has visitation with the child. This kind of arrangement is most common. A parent with sole physical custody has the child all of the time, while the other parent has no visitation. This kind of arrangement is much less common and usually exists as a result of one parent being unfit due to issues like substance abuse and mental illness. Parents with joint physical custody equally share time with the child. This kind of arrangement is becoming increasingly popular, where appropriate.
One of the most serious guidelines that must be negotiated is a parental visitation schedule. Visitation time is the amount of time that each parent can spend with their child. The parents must negotiate the amount of time each person gets to see their child, as well as when these visits will be.Although the primary goal is often to have both parents receive equal visitation time, this is often not the result. When a parent does get primary custody of the child, the other party will receive visitation rights to the child.
Factors Affecting Visitation Times
Many aspects will affect the visitation times, such as the amount of care and guidance each parent can give the child daily. This includes whether the parent feeds the child, takes care of their physical and mental health, provides financially for the child, and offers support and care for their education and religion practices.
Visitation time is also based on the parents’ living situation and whether the child can have access to basic needs at either residence. This can include food, water, clothes, materials for school, etc. The parent’s ability to support and assist the child’s school and community involvement will also be discussed during the visitation negotiation process. This category involves the parent’s ability to support and assist the child’s performance in school, and transport them to and from school and community activities. A lack of these factors can result in a decline in a child’s educational productivity, including lower grades, missed assignments, and more. A full list of the factors regarding child custody can be found in the New Jersey Statutes at N.J.S.A. 9:2-4.
The effects a parent can have on a child is substantial. If you believe your child’s education opportunity is being negatively affected by your current visitation schedule, you may be able to ensure that your ex-spouse receives less visitation time so your child can focus on their studies. A child’s education is important, and the experienced team at Moskowitz Law Group is here to support your child’s needs. Contact us today to learn more about your options.