In many cases, New Jersey courts favor shared custody arrangements. However, when there are concerns about a child’s safety or well-being, a parent’s visitation rights could be restricted or denied. Please continue reading as we explore what you should know about these matters and the importance of connecting with our experienced Edison Family Lawyers during these difficult times.
What is Visitation?
In New Jersey, “visitation” is referred to as parenting time. Essentially, this is the time a non-custodial parent spends with their child, typically on a scheduled basis. It’s important to note that a non-custodial parent is the parent who does not have primary physical custody of the child. New Jersey’s Family Court generally prioritizes custody arrangements that allow children to have close contact and support from both parents. They favor shared physical custody, where the child spends equal amounts of time with both parents. However, they can award sole custody in cases where joint custody would be detrimental to the child’s well-being.
Even if you are not awarded custody, you can still be awarded parenting time. When determining a visitation schedule, the court will consider various factors, including the children’s school schedule, the proximity of the parents’ homes, the parents’ work schedules, the stability of each parent’s home environment, the children’s needs, and more. In situations where there are concerns about a child’s safety or well-being, the court may deny or restrict parenting time. You should keep in mind that the court’s primary focus is always the best interests of the child when determining parenting time arrangements.
When Can Parental Visitation Rights Be Denied or Restricted in New Jersey?
When it comes to parental visitation rights, a court order issued by a judge is the sole legal method through which your parenting time can be restricted or denied. The other parent of the child cannot unilaterally deny you access to the child by violating the court order. If they fail to comply, you have the right to take action against them and petition the court for a modification. However, if the other parent violated the order due to a perceived or actual threat you posed to the child’s health and well-being, the judge may not find you in contempt as your actions were justifiable.
In situations where your parenting time rights are restricted, you may be granted supervised visitation or denied access to the child altogether. Supervised visitation mandates that a third party be present at all times during your visits with your child. This precaution is deemed necessary when there’s a documented history of domestic violence, child abuse, or physical disabilities that impair your ability to care for the child, psychiatric problems that could endanger the child, substance abuse issues, abandonment, neglect, or any other circumstances that could potentially jeopardize your child’s safety. Ultimately, if your presence in the child’s life poses a risk, your visitation rights may be curtailed or terminated.
At Arndt & Sutak, LLC, we are prepared to help protect your parenting time. Connect with our firm today for guidance and skilled representation.
