Barriers to Visitation in New Jersey
New Jersey courts prioritize the best interests of children when determining custody and visitation agreements. New Jersey law also states that the rights of parents in custody proceedings are equal. That is the State’s public policy to assure minor children of frequent and continuing contact with both parents in a custody proceeding. However, there are certain reasons that courts may invoke barriers to visitation in New Jersey. The Court may limit or suspend parenting time or visitation when a child’s safety is at risk or the parent is unable to meet their basic needs. In these cases, parents often seek legal representation to advocate for the best outcome for them and their child. Our visitation attorneys are ready to help.
Visitation and the Child’s Best Interests
New Jersey courts recognize the importance of preserving and strengthening children’s parent-child relationships with both parents after a divorce or separation. However, the law states that the health and safety of a child is the State’s paramount concern. Court rulings regarding visitation rights consider factors such as the child’s age, needs, and safety. The Court also examines the relationship between the child’s parents, each parent’s history, and how specific circumstances of each parent affect the child’s welfare. If the Court’s examination reveals a situation where a parent may have a substantial adverse effect on a child, that parent’s visitation rights may be limited or suspended.
Reasons a Parent Might Be Denied Visitation
Children need safe, stable, and positive relationships with caring parents to thrive. When one or both parents cannot meet these needs, their parenting time may be limited or suspended. The most common reasons a parent is denied visitation rights in New Jersey include the following:
Physical, Mental, or Emotional Abuse or Neglect
Any time evidence suggests a parent has been physically, mentally, or emotionally abusive or neglectful toward a child, visitation is almost always immediately suspended. Allegations of child abuse and neglect are investigated rapidly and thoroughly to protect a child’s safety. The suspension of visitation may remain in effect during the investigation and until the parent obtains professional help. In certain cases, visitation may be continued, but limited in duration and required to be supervised by a professional or another trusted adult.
Substance Abuse
Substance abuse is one of the most common reasons parenting time is limited or suspended by New Jersey courts. Parents suffering from substance use disorders are deemed to be a threat to the welfare of children. Depending on the circumstances of the case, a judge may order supervised visitation or suspend parenting time altogether until the affected parent achieves a specified level of recovery and abstinence from substances.
Unsafe Living Environment
There are several reasons the location of visitation may be deemed unsafe for children. Some of the most common include an unsanitary environment, neglect, or the occurrence of criminal activity at the location. In these cases, visitation is typically suspended until more suitable arrangements are made. In other cases, visitation may be required to be held elsewhere, usually in a public place.
Fear of Abduction
If a reasonable fear that a noncustodial parent intends to refuse to return a child to the custodial parent following a scheduled parenting time period, visitation will likely be suspended. The removal of a child from the Court’s jurisdiction makes it challenging to observe the child’s safety and can make it difficult to return the child to the custodial parent.
Lack of Parental Cooperation
When one parent attempts to undermine the child’s relationship with the other parent or withholds the child from the other parent, visitation rights may be suspended.
Contact an Experienced Family Law Attorney to Discuss Your Legal Options
The barriers to visitation in New Jersey are designed to protect the best interests of children. A parent concerned about their children’s welfare or seeking to defend their visitation rights can benefit from legal representation. The family law attorneys at Moskowitz Law Group can help you understand the laws regarding visitation and when barriers to visitation in New Jersey should be imposed in your case. Contact us today to schedule a consultation to discuss your legal rights and how to protect your children.
