You may be seeking information regarding child visitation in New Jersey if your former spouse has been granted sole custody. Continue reading to learn more about sole custody, how New Jersey courts decide on visitation terms, and the different types of visitation. Reach out to our experienced family law attorney to learn more about our services and how we can assist you.
Understanding Child Visitation in New Jersey
When determining child visitation in New Jersey, the courts, including those located in Monmouth and Middlesex Counties, will consider several legal factors to ensure that the arrangement they decide on reflects the best interests of the child. This includes the parents’ relationship with the child before the divorce or separation, any potential risks the parent poses to the child, and the overall impact of the arrangement on the well-being of the child. Understanding how New Jersey Courts determine visitation can help parents better prepare for legal proceedings and better position themselves for a more favorable outcome in these complex matters.
What Is Sole Custody in New Jersey?
Sole custody is awarded to the parent who will have both legal and residential custody of their child. Sole custody is typically granted when one parent is believed to be unfit to parent by the court. The court will commonly grant sole custody to the other parent in these situations. If your spouse was granted sole custody, you may still apply for scheduled visits as long as you can prove that you will provide a consistent and positive relationship with your child.
How Do New Jersey Courts Determine Visitation?
When examining custody cases in Red Bank, Woodbridge, and the surrounding Monmouth and Middlesex County communities, the court must make decisions based on a legal standard known as the “best interests of the child.” As the name suggests, this requires courts to make decisions that best serve the safety, stability, and overall well-being of the child. When appropriate, the court will attempt to ensure the child can maintain a relationship with both parents.
Factors Considered in Visitation Matters
- The applicant’s history with the child, including daily involvement and caregiving
- The applicant’s good faith in looking to support the best interests of the child
- If the applicant poses any sort of risk to the child, including safety or emotional concerns
- The relationship between the guardian or parent and the applicant
- The bond shared between the child and the applicant
- The impact of these rights on the relationship between the child and their parent or guardian
- The time that has passed since the last contact with the child, and the reason behind this time
Types of Visitation in New Jersey
There are a few potential outcomes when a parent applies for visitation terms. The court must determine the most appropriate arrangement based on the child’s best interests and the specific factors of the case.
Common Visitation Arrangement
- Denied visitation: The court may deny visitation if it has reason to believe that contact with the child would negatively impact their well-being
- Supervised visitation: Required when there are legitimate safety concerns, ultimately requires a third-party individual to be present for the duration of the visit between the child and parent
- Unsupervised visitation: Granted when the parent shows the ability to maintain a safe and stable environment for the child
Can Visitation Be Modified or Restricted in New Jersey?
In some instances, visitation arrangements in Monmouth or Middlesex County may change as a result of new circumstances or concerns. As such, the courts allow parents to seek a modification when necessary to protect the best interests of the child.
When Visitation May Be Changed or Revoked
- One parent continually fails to adhere to the court-ordered visitation schedule
- New concerns regarding the safety and well-being of the child arise
- There are significant life changes that impact the child or either parent
- Evidence suggests that visitation no longer reflects the best interests of the child
How to Request Supervised Visitation
- File a formal motion with the court seeking a modification
- Provide evidence that supports your claims regarding changes to your child’s best interest
- Connect with an attorney to assist you in this complex process
- The court may utilize custody experts to assist in determining the best possible outcome
- Judges will consider visitation modifications based on the child’s best interests
Contact Our Experienced New Jersey Family Law Firm
If you are having difficulty regarding custody or visitation in Long Branch, Freehold, Red Bank, or the surrounding Monmouth and Middlesex County communities, it is imperative to connect with an experienced attorney with the Law Offices of Paone, Zaleski, & Murphy. Our firm understands how overwhelming these matters can be to navigate, which is why we will do everything in our power to help you fight for the best possible outcome. Contact us today to learn more.
