Unique Aspects of Visitation in New Jersey
Child custody and visitation issues are some of the most emotionally charged and stressful cases in any court or mediation session. Parents of minor children have a duty to work together and try to determine a schedule that will best meet their children’s needs. When an agreement cannot be reached by agreement with negotiations or mediation, the Court will conduct a trial.
If you are struggling to develop the visitation schedule you believe is in your child’s best interests, it is crucial to understand the unique aspects of visitation in New Jersey and how they can impact visitation with your children. Whether you are establishing your first visitation schedule or seeking a modification of an existing one, the family law attorneys at Moskowitz Law Group can help you understand your rights and develop a strategy for your visitation goals.
What You Should Know About Visitation
Visitation is a commonly used term to describe the amount of time a child spends with a non-custodial parent. The non-custodial parent is the parent with whom the child does not primarily reside. In prioritizing the child’s best interests, New Jersey courts strive to ensure that children grow up with frequent and continuing contact and support from both parents. This does not always equate to equal time with each parent. Understanding the following unique aspects about visitation in New Jersey can help you prepare for establishing a schedule or making modifications to an existing one.
Visitation is Called Parenting Time
To put a focus on quality of time over quantity, visitation is most commonly referred to as parenting time in New Jersey. The State’s goal is to allow parents to spend as much time as possible with their children. Thus, the term “visitation” has come to be perceived negatively in New Jersey.
Rights Are Based on the Child’s Best Interests
Denying a parent parenting time or seeking modifications to existing parenting time schedules is often difficult. It requires clear and unequivocal proof that the existing parenting time is not in the child’s best interests. In cases of modifying parenting time, the parent wishing to modify it must also clearly demonstrate a substantial change in circumstances affecting the child’s welfare since the time that the original parenting time schedule was implemented.
Parental Cooperation Plays an Important Role
New Jersey Courts place a high value on allowing both parents to establish a strong bond with their children. The Court looks favorably upon parents who strive to foster a healthy co-parenting relationship. Factors like good communication, adhering to Court orders, and applying flexibility when necessary are assessed when considering scheduling.
Understanding Child’s Best Interests
Custody and parenting time are based on the best interests of the children involved. The Court employs various factors to determine what is in a child’s best interests, including:
- Each parent’s ability to coparent with the other parent
- A child’s special needs
- Each parent’s willingness to accept custody and visitation and whether one parent has denied the other parent visitation
- The child’s involvement in sports or other extracurricular activities
- 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
- The child’s relationship with extended family members
- Fitness of each parent
- How far the parents live from each other
- Parents’ work schedules and ability to travel
- Each parent’s work obligations
Every situation is unique. For example, younger children may need more frequent visits with each parent to establish a bond, while older children may have visitation schedules based on their studies and extracurricular activities.
Contact a Family Law Attorney to Learn More About Visitation Rights
The unique aspects of visitation in New Jersey can make it challenging for parents to know what to expect when setting up or modifying a parenting time schedule. A parent seeking to establish or change a parenting time schedule should contact an experienced family law attorney before taking action. The lawyers at Moskowitz Law Group have substantial experience navigating child visitation cases and a firm understanding of how laws apply to parents’ rights. Do not leave your relationship with your child to chance. Call us today to schedule a consultation.
