Fort Lee Visitation Lawyer
State law provides both parents with the right to seek custody or visitation of their minor children. That said, the courts have a duty to act in a child’s best interests, even if those interests conflict with the desires of a parent.
If you are involved in a Fort Lee visitation dispute, the guidance of experienced legal counsel can weigh heavily in your case. Visitation rights with your children are important, and your choice of attorney can impact those rights. Before proceeding with your case, discuss your legal options with a Fort Lee visitation lawyer. A knowledgeable family law attorney can work with you to find the best solution for your family, whether that be pursuing increased visitation rights or fighting back against an ex-spouse or significant other’s custody requests.
How Visitation Works in Fort Lee
There are varying types of custody and visitation arrangements recognized by state law. In many cases, the courts will award joint legal custody to both parents. In a joint legal custody arrangement, both parents have an equal say in the important decisions regarding their child’s upbringing.
Joint legal custody might offer equal rights to both parents, but one parent is typically responsible for providing the child with a primary place to live. This parent, typically referred to as the parent of primary residence, naturally spends substantial time with the child.
To ensure the non-custodial parent, typically referred to as the parent of alternate residence, has time to build a relationship with the child, the court typically grants visitation. Visitation can take different forms, with parents sharing physical custody of children in various ways depending on the case. These arrangements are often made through mutual agreement, although some cases could require litigation. In either situation, an experienced visitation attorney can provide valuable insight to a parent and help them work towards an agreement that prioritizes their children.
Factors the Court Considers When Awarding Visitation
There are various factors the court must take into account when granting visitation, but the child’s best interests always take priority. Despite the rights and wishes of the parent, the court has an obligation to put what is best for the child first during visitation disputes.
There is a list of factors the judge will evaluate when determining what is in a child’s best interests. For starters, the court will look at each parent’s ability to work with the other during the divorce or separation process. The judge must also evaluate any history of domestic violence and determine what arrangement would be best for the child’s need for stability.
The judge will also take into account parties’ proposals. This includes considering the wishes of each parent as well as taking into account the amount of time they each spent with the child prior to the separation or divorce. In some cases, the court will even hear from the child on issues of visitation. This is possible if the court deems the child to be of sufficient age and capacity to make a reasoned preference. A Fort Lee visitation attorney can help a parent make a strong case for their right to visitation.
Get in Touch with a Fort Lee Visitation Attorney
Visitation disputes can be difficult, drawn-out proceedings. Whether they are part of a divorce, separation, or a custody hearing between unmarried couples, these disputes can be challenging to navigate on your own. Fortunately, you do not have to take on this process alone. A Fort Lee visitation lawyer can help you protect your rights in family court and advocate on your behalf. Contact our office today to learn more about how a dedicated member of our legal team can help you.