Barriers to Visitation in Hackensack
Your right to visit and spend time with your child may be subject to certain restrictions. Your unique circumstances may result in barriers to visitation in Hackensack that are challenging to overcome. However, the support and guidance of an experienced family law attorney can protect your visitation rights and resolve disputes in the best interests of your child. At Moskowitz Law Group, our visitation attorneys advocate strongly for our clients when legal issues disrupt visitation rights. A few of these legal matters are discussed below.
Visitation and Custody
The Court considers the best interests of a child when making custody determinations. The Court must make decisions regarding physical custody in doing so. Determining physical custody of a child includes which parent a child will live with primarily and how often the other parent will have visitation. As stated in recent amendments to N.J.S.A. 9:2-4, New Jersey has a public policy stating that the protection and welfare, both physically and emotionally, of children are paramount. This Statute also says that the safety of children is an integral element of a child’s best interests. This means that the Court can enter orders providing for barriers to visitation if it determines that there are safety concerns regarding the child or that a parent may be unfit
If there are concerns about a child’s safety or parent’s fitness, the Court can order visitation to be supervised by a third party, such as a family member or appointed professional, until the affected parent satisfies certain conditions. The Court can also suspend visitation altogether until the affected parent satisfies the conditions.
Why Might a Court Deny a Parent’s Visitation Rights?
Common examples of issues that can prevent a Court from granting visitation rights include:
- Substance abuse
- Severe mental health issues
- A history of physical, emotional, or sexual abuse
- The child’s preference not to see a parent with justifiable reasons, especially if confirmed by a therapist treating the child or another expert
- A criminal conviction of sexual assault or endangering the welfare of a child
Your ability to defend against barriers to visitation in Hackensack will depend on your unique circumstances, with some barriers being easier to overcome than others. For example, a parent may be able to resolve substance abuse concerns by becoming sober and agreeing to regular drug testing. Likewise, a parent accused of severe mental health issues or abusive behavior can seek mental health treatment and undertake other means of rehabilitation. A lengthy period of supervised visitation without any further reported concerns regarding the safety of the child can also lead to supervision being lifted. This can be an opportunity to build trust with the Court and work toward an improved visitation arrangement.
Call Now to Overcome Obstacles to Parenting Time in Hackensack
Your ability to have a visitation with your child is a vital component of parenting. It is your right to seek to maintain and enjoy visitation with your child. When barriers to visitation arise in Hackensack, our family law attorneys are here to help you understand your rights and identify potential solutions. Contact us at Moskowitz Law Group today to schedule a consultation.
