Divorce proceedings are emotional enough without the inclusion of children. When children are involved, it is necessary to decide the amount of child support and child custody arrangements that will happen post-divorce. These subjects can be hard for parents to deal with if they are going through an especially stressful divorce or if their relationship with their child is in jeopardy. When custody is granted to a specific parent, this parent is referred to as the custodial parent. The other parent may still be allowed to gain visitation rights. Visitation most often refers to the interaction of the child with the noncustodial parent.
How is visitation decided?
When child visitation is decided during litigation, a judge makes decisions based on a few factors. In the state of New Jersey, the court tries to allow both parents time with the child if the circumstances allow it. The state sees that the child’s interaction with both parents is beneficial to their life and that it is important to hold their communication open with both parents. The judge has to consider all relevant aspects that can have an influence on the child’s well-being. In the end, they must make decisions based on the best interests of the child.
Can visitation rights be revoked?
If your former spouse is not following the child custody arrangements set forth by the court or a plan that you two have formally agreed upon, you may take legal action. If your spouse continuously disregards the proper guidelines for child visitation, you can take the matter to court. This can help revisit the situation and see if the schedule can be adjusted to better fit the new changes in your lives. If your former spouse is simply disregarding the legal agreement, it may cause them to jeopardize their visitation rights.
When these matters cannot be solved between adults, the court can become involved upon your request. First, it is important to seek a resolution with your former spouse to prevent bringing the child back to court. However, sometimes things cannot be resolved as effectively. That is when a judge can be of help.
How can I get my former spouse’s visitation to be supervised?
If you are concerned about your child’s safety when they are spending time with their other parent, you have the right to file a motion. It is best to speak with your lawyer first in order to go over your options and what is concerning you. Your lawyer may encourage you to file a motion with the court that could bring the case back in front of a judge. If you request a motion to have your former spouse’s visitation supervised, a custody expert may be brought in. Custody experts have the experience conducting a best interests analysis that can provide a better view on what is best for the child.
If you require strong legal representation for matters of divorce and family law in New Jersey, contact The Law Offices of Paone, Zaleski & Murphy to schedule a consultation with one of our experienced attorneys today.