In New Jersey, custody decisions are made based on what is in the best interest of the child. When two parents decide to separate or divorce, the court will strive to ensure that the child is able to maintain relationships with both parents. However, if doing so would pose a risk to the child’s well-being, custody and visitation rights can be restricted or even denied. As a parent, it is imperative that you protect your and your child’s rights. Continue reading for more information and consult with an experienced Bergen County child custody lawyer to secure skilled representation during your case.
What is Visitation?
Visitation, also known as parenting time, is the time allotted for the noncustodial parent to spend with their child. During a separation or divorce, NJ courts will establish custody arrangements outlining which parent is entitled to which rights and how much time the child will spend with each party. While joint custody is the goal, it is not always possible.
If one parent is unable or unwilling to share custody, or if the court decides it is not in the child’s best interest, both physical and legal custody can be awarded to the other parent. In this case, the noncustodial parent will likely be granted visitation rights which allows them to see their child on a regular basis and maintain a relationship with them.
Can Visitation Rights Be Restricted in NJ?
Yes, while the default approach to custody is to encourage shared rights and co-parenting, there are circumstances in which a parent’s visitation rights could be restricted or denied. New Jersey courts presume that regular contact with both parents is in the child’s best interest, but they can modify or restrict visitation if it is necessary to protect the child.
Why Would a Parent’s Visitation Be Restricted or Denied?
There are several valid reasons why a parent’s right to visitation might be restricted or denied altogether. The common theme is that courts will choose whatever is best for the child’s physical health, emotional health, growth, and well-being.
- Domestic violence
- Emotional abuse
- Sexual abuse
- Neglect
- Abandonment
- The development of substance abuse problems
- Unsafe home environment
- The development of physical or mental disabilities
Any issue that inhibits a parent’s ability to provide for the child’s needs and keep them safe could result in a loss of visitation rights. If there is enough evidence to demonstrate that the child spending time with the parent would harm them physically, emotionally, or psychologically, a court could reconsider parenting time.
Modified Visitation Options
If you are an NJ parent and are concerned about your visitation rights, it is important to understand the possible outcomes. First of all, your rights to access your child could be rescinded altogether in extreme circumstances. If a court makes this decision, you will not be allowed to spend any time with your child.
However, you could be granted supervised visitation where a third party must be present during your visits with your child. The outcome of visitation deliberations depends on the details of your situation. Reach out to a skilled fam
