Visitation Rights in Hackensack

Visitation is an important right for parents who are divorced or separated from their child’s other parent. At Moskowitz Law Group, our visitation attorneys advocate for clients with strength and confidence in legal proceedings that concern their parental rights.

We understand the nuances of New Jersey family law and advise clients on solutions that fit their unique circumstances. Establish and protect your visitation rights in Hackensack with the help of Moskowitz Law Group.

What Are Visitation Rights?

Visitation, also known as parenting time, is a court-ordered right to see and spend time with your child as a non-custodial parent in Hackensack.

The Court determines visitation based on a child’s best interests. In doing so, the Court will review several factors outlined in N.J.S.A. 9:2-4, including:

• 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 parent’s fitness of the parents, including any input from court-appointed professionals
• The parent’s’ geographical proximity to each other
• The extent and quality of the time spent with the child before or after the parents’ separation
• The parent’s’ employment obligations
• The age and number of children

These factors can also influence the frequency, duration, and nature of the visitation rights that the Court grants a non-custodial parent.

Grandparents and siblings can also request visitation rights. In these cases, the Court will determine whether visitation would be in the child’s best interests and consider the factors set forth in N.J.S.A. 9:2-7.1, 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.

Establishing and Protecting Visitation Rights

Our family law attorneys in Hackensack can file a Complaint with the Court requesting visitation rights and explain to the Court why visitation should be granted as requested. Unless visitation would have a substantial adverse effect on the best interests of the child, the Court will generally grant these rights to a parent in one form or another.

Our knowledgeable family law attorneys can help you navigate this process and develop a plan for parenting time that aligns with your and your child’s needs. By considering elements as work schedules, transportation requirements, and the child’s normal routine, we can help you develop a framework for visitation rights and propose a reasonable parenting plan to the Court. In some cases, the Court may require additional filings, an evidentiary hearing, and other information to issue a decision. In the case of a divorce or separation, our lawyers can also pursue temporary visitation rights until the Court makes a final determination or a settlement is reached.

Speak with a Hackensack Family Law Attorney about Parenting Time

Get help with your visitation rights in Hackensack from the family law attorneys at Moskowitz Law Group. We help parents establish new visitation rights or enforce the terms of a preexisting order or agreement. Contact our office today to schedule a consultation.