Determining Visitation Rights in Hackensack

Determining visitation rights in Hackensack is a key part of any divorce, separation, or any other kind of situation where a child’s parents are living apart. The Court has discretion in deciding a parent or relative’s right to visitation under State Statutes.

Representation by an experienced visitation attorney can make a difference in the presentation of your case and the pursuit of a visitation arrangement that addresses your family’s needs. At Moskowitz Law Group, we advocate for our clients in all aspects of family law proceedings, including visitation rights.

How Courts Determine Visitation Rights

Courts in Hackensack establish visitation time rights between a child’s parents based on a child’s best interests pursuant to the factors in N.J.S.A. 9:2-4. The process for determining a child’s best interests regarding visitation rights focuses on several factors affecting the parent-child relationship. When deciding visitation, Courts consider the following factors:

• The parents’ ability to agree, communicate, and cooperate in matters relating to the child
• The parents willingness to accept custody and any history of unwillingness to allow parenting time no based on substantiated abuse
• The interaction and relationship of the child with their parents and any siblings
• Any history of domestic violence and child abuse
• The safety of the child and any siblings
• The safety of either parent from physical abuse by the other parent
• The preference of the child, if they are of sufficient age and maturity to express one
• Any input from a child’s therapist
• The needs of the child
• The stability of the parent’s home environment
• The quality and continuity of the child’s education
• The fitness of the parents, including any input from court-appointed professionals
• The parents’ geographical proximity to each other
• The extent and quality of the time spent with the child before or after the parents’ separation
• The parents’ employment obligations
• The age and number of children

You can establish visitation rights by filing a Complaint with the Court or by agreeing to a written and signed parenting plan with your coparent. The latter requires you and your coparent to cooperate to reach an amicable resolution regarding visitation, which is not always possible. If you and your coparent cannot agree on visitation, the Court will make the determination and issue an order with specific terms. Such an order will include how often parenting time will occur, how long it will last, and any other terms that may apply in the parents’ specific situation

Visitation is not only limited to parents. A child’s grandparent or sibling can seek to establish visitation rights under N.J.S.A. 9:2-7.1. In such a case, they must show that visitation would be in the child’s best interests. The Court will consider other factors under the Statute, which include:

• The relationship between the child and the applicant
• The relationship between each of the child’s parents or the person with whom the child is residing and the applicant
• The time which has elapsed since the child last had contact with the applicant
• The effect that such visitation will have on the relationship between the child and the child’s parents or the person with whom the child is residing
• If the parents are divorced or separated, the time sharing arrangement which exists between the parents with regard to the child
• The good faith of the applicant in filing the application
• Any history of physical, emotional or sexual abuse or neglect by the applicant
• Any other factor relevant to the best interests of the child

If the grandparent or sibling had been a full-time caretaker for the child in the past, the Court will presume that visitation is in the child’s best interests, with the opposing party having the right to attempt to challenge that presumption.

Which Circumstances Can Impact Existing Visitation Rights?

Over time, a change in circumstances or family dynamics can create a need to modify existing visitation rights. Modifications to visitation rights could be as simple as adjusting the visits to accommodate changes in a parent or child’s schedule for work, school, or other obligations.

In certain serious circumstances, the Court can limit or suspend parenting time in Hackensack. Such drastic measures often arise from concerns about a parent’s fitness or their ability to keep a child safe while in their care. These concerns include:

• Substance abuse
• Severe mental health issues
• Domestic violence
• Acts that endanger a child
• Sexual assault
• Health or medical conditions

In some cases, supervised visitation can serve as a temporary solution to concerns about a parent’s fitness. However, in other circumstances, the Court may suspend visitation rights.

Speak with a Hackensack Family Law Attorney About Establishing Visitation Rights

Determining visitation rights in Hackensack can be done through court intervention or negotiating a parenting plan. In either situation, our team at Moskowitz Law Group can help you seek an arrangement that works for your family and protects your parental rights. Contact our office today to schedule a consultation with one of our family law attorneys.