Determining Visitation Rights in New Jersey
November 6, 2022
Determining visitation rights is not always easy. In this type of situation, the court has usually already awarded one parent with full custody. The next step is to determine how often visitation rights are granted, as well as the rules of where and when visits will be conducted.
Read more: 5 Common Questions We’re Often Asked About Divorce and Property Division
What Are Child Visitation Rights?
Visitation rights are actually considered a privilege. They are not a legal right, and the judge must grant visitation rights for them to be legally required. It is also possible for these rights to be denied.
It is also important to note that child support and child visitation are not the same things. A parent may be ordered to pay child support, but not be granted with visitation rights. Additionally, a parent may get visitation rights, but not be required to pay child support.
Your rights will vary, depending on many factors and the rules that are set by the family court judge. The judge may take into account things like the age of the child, their wants, and any factors that could make the parent a risk.
Factors to Consider When Determining a Visitation Schedule
It is important to work out a schedule that works for both parents, as well as the child, too. It is better for parents to come to an agreement on a schedule, if possible. Consider the following factors when determining the best schedule for everyone involved:
- What weekends can be reserved for visits?
- Will overnight visits be permitted?
- How long will each visit be?
- Will visits permit the parent and child to leave the city or state?
- Do holidays affect visitation schedules?
- Who will drop off the child and bring them back?
- What if the parent needs to reschedule?
- Where will the drop-off or visits take place?
These are just a few questions to consider when determining a schedule. It may be beneficial to work with a lawyer while figuring out this schedule. A lawyer can help you with negotiations with your spouse before taking the request to the family court.
Parents are encouraged to fill out a parenting agreement. If parents cannot come to an agreement at first, it is often requested that they work with a third-party negotiator. If parents are still unable to come to an agreement, then the case may need to go to court, where a judge will likely make the decision.
In some cases, grandparents may also be able to petition for visitation rights. However, it is not as easy to get these rights, and the grandparents may need to demonstrate a need for visits.
Are Supervised Visits Required?
In some cases, supervised visitations may be required by the court. This usually follows concerns of the child’s safety or wellbeing. The visitation will be supervised by a social worker or Guardian Ad Litem, to ensure the child’s wellbeing is protected throughout the process.
Contact a Family Mediator Today
If you are trying to navigate a difficult child visitation agreement, you may find it advantageous to work with a lawyer. A lawyer or mediator can help negotiate a fair schedule for everyone.
Contact a Manalapan Family Law Attorney for a Consultation About Child Visitation Rights in New Jersey Today
If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at Rudnick, Addonizio, Pappa & Casazza PC represent clients throughout the state, including Manalapan, Woodbridge, Long Branch, and Perth Amboy. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (732) 264-4400 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at Park Village, 25 Village Court Highway, #35, Hazlet, NJ 07730, as well as an office located in East Brunswick, NJ.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.