Determining Visitation Rights in New Jersey
Visitation schedules determine how often and when separated or divorced parents spend time with their children in separate homes.. In some cases, grandparents and siblings can seek visitation rights. Determining visitation rights in New Jersey according to the law is not always straightforward. Thus, it is best to consult an experienced visitation lawyer to protect your rights. The skilled family law attorneys at Moskowitz Law Group will help you understand how visitation is determined in court and advocate for your rights to visitation.
How are Visitation Rights Requested?
Someone wishing to obtain visitation rights with a child must file an action in court. New Jersey courts favor visitation and custody arrangements that allow children to form and maintain strong bonds with both parents. That said, any parent seeking visitation must prove that the visitation they want is in the best interests of the child. Grandparents and siblings can also file an action in court for visitation rights. They also must ultimately prove that visitation is in the best interests of the child. Retaining a family law attorney can help achieve your goals in obtaining visitation rights.
How The Court Makes Visitation Determinations
The Court makes visitation determinations based on the best interests of the child. Factors considered in determining visitation and parenting time in New Jersey include:
- Each parent’s ability to coparent with the other parents
- Each parent’s willingness to accept custody and visitation and whether one parent has denied the other parent visitation
- Each parent’s relationship with the child before and after the separation
- Any history of domestic violence or abuse or neglect and the safety of the child
- Preferences of the child if they are old and mature enough to express an intelligent preference
- Needs of the child
- Stability of each parent’s home environment
- The child’s education
- Fitness of each parent
- How far the parents live from each other
- Each parent’s work obligations
Despite the fact that the Court is prepared to make visitation rulings, the Court prefers when parents develop a custody and visitation arrangement based on mutual agreement in parenting plan. Parenting plans should be as detailed as possible to avoid conflict or confusion. When developing a visitation schedule in a parenting plan, parents should always consider provisions for birthdays, holidays, special occasions, and vacations.
A Child’s Choice in Visitation
Parents often assume that any child’s choices when it comes to visitation are considered. There is no specific age at which a child is permitted to voice an opinion about visitation or parenting time arrangements. Specifically, New Jersey law states that a child’s preferences will only be considered when they are of sufficient age and capacity to reason so as to form an intelligent decision. Thus, children are more likely to influence the situation the older and more mature they become. A child’s opinions may be gathered from judicial interviews, opinions of mental health professionals, or custody evaluators. Importantly, judges and professionals are trained to determine whether a child has been coached or unduly influenced by a parent to say what they want the child to say
Reasons a Parent May Be Denied Visitation
New Jersey law states that children should be assured frequent and continuing contact with both parents after their parents have divorced or separated. However, a parent may be denied visitation if the Court determines that visitation will be harmful to the child’s wellbeing. The most common reasons for denying visitation include::
- A history of physical, emotional, or psychological abuse, or neglect
- A history of substance abuse, especially if it is untreated and threatens the child’s safety
- A general lack of fitness to parent the child
- Attempts by one parent to undermine the child’s relationship with the other parent
- Repeated violation of court orders
Substantial proof is required to deny a parent’s right to visitation. Additionally, New Jersey law says that a parent will only be deemed unfit if their conduct has a substantial adverse effect on their child.
Contact an Experienced Family Law Attorney for Help Determining Your Visitation Rights
Navigating the complex laws regarding visitation can be challenging when you have no legal experience. Emotions are often a factor in these cases, increasing complications and taking attention away from the facts at hand. The family law attorneys at Moskowitz Law Group can help you pursue the visitation you deserve with the child you love. Get in touch today to schedule a consultation to discuss determining visitation rights in New Jersey.
