Teaneck Visitation Lawyer
There is no doubt that going through a divorce or other breakup will have a profound impact on the parties in the relationship. However, it would be a mistake to assume that this event will not have just as powerful an effect on children. Whenever two parents of a child no longer live together, the State’s family courts have the power and duty to ensure the best possible future for that child.
One major part of this obligation is the creation of an effective child custody plan. If this plan does not grant at least partial custody to one parent, that parent is entitled to visitation rights with the child. It is only under limited circumstances that a court will abridge this right, and the parent with custody must follow the visitation plan. A local family law attorney is familiar with these obligations and can assist you through the ensuing legal processes.
A Teaneck visitation lawyer could help parents fight for visitation plans that are in the best interest of their children. This includes arguing for physical custody of a child and working to ensure that a parent with visitation rights is not a threat to the wellbeing of the children.
When Will a Court Enact a Visitation Plan?
Visitation plans are not a part of most parenting plans. Whenever two parents no longer live together, a family court will act to create a custody order. According to New Jersey Revised Statue §9:2-3, these courts have the express ability to create custody orders that are in the best interest of a child. These orders may take effect as part of a divorce or in any other scenario where parents no longer cohabitate.
The courts operate on the premise that both parents have equal rights to remain in the lives of their children. Furthermore, the court presumes that the child would benefit from spending time with both parents. As a result, the preferred method of child custody is a joint plan where both parents share physical custody for part of a week. It is only when a court grants sole physical custody over a child that a visitation plan becomes necessary.
Ideally, the parents will come to an agreement about how the visitation plan will work, but a court may need to intervene. A visitation attorney could provide more information about the legal basis for child visitation plans in Teaneck.
What Complications Commonly Arise Concerning Child Visitation?
A child visitation order carries the full weight of the law. This means that a parent with primary custody must present the child to the other parent at the agreed-upon time, and the child must return home when the visitation period ends. If the visitation is unsupervised, the parent with visitation time is free to do what they want with the child, within reason.
However, situations may arise where this basic visitation framework changes. If a family court believes that a non-custodial parent is a risk to the wellbeing of the child, the court may require visitation to be supervised. In extreme situations, a court may even terminate visitation sessions in cases of extreme abuse. A local family law attorney could help Teaneck parents to fight for visitation orders that keep their children safe.
Contact a Teaneck Visitation Lawyer Today
The right to continue spending time with your children is central to any divorce or continuing child custody plan. Ideally, a visitation plan will not be necessary as courts prefer to grant parents joint custody. However, when a parenting plan results in a sole custody order, there is a presumption that the non-custodial parent will obtain visitation rights.
A Teaneck visitation lawyer could help parents like you to fight for visitation plans that are in the best interests of their children. Call today to learn more about your legal options.