In court proceedings between divorced parents, visitation rights have an impact on how much time a parent gets to spend with their kids. The concepts of physical custody and parenting time are very much intertwined, and how much access either parent has to their child will be considered when determining the child’s primary residence.
If you are a divorced parent or are filing for marriage dissolution, let a hardworking family attorney help you understand how local courts typically award visitation rights in child custody cases and how that may impact the time you have with your child. A Livingston visitation rights lawyer on our team could help you present persuasive arguments in any negotiations or court proceedings regarding parenting time.
Visitation time in our area can be determined by the parties themselves if they mediate and reach an agreement. The court may then decide whether to hear their motion (i.e. application to determine child custody). If the parties cannot decide on visitation time early in the divorce process, there may be a trial in which the court makes a determination on behalf of both parents.
There is a presumption in New Jersey that children should have equal time with both parents as long as they are fit to provide care. However, if there are any mental health impairments, substance abuse problems, or indications of physical abuse, those must be addressed at the time custody is decided. Parents should seek local legal counsel as early as possible in child custody proceedings to discuss any issues that could impact their visitation rights.
Physical custody by one parent does not influence the other’s right to parenting time. In other words, if one party has sole physical custody, the other may still spend a significant amount of time with their child.
Even if one party has been granted sole legal custody because the two parties are incapable of deciding things together or co-parenting, parents who cannot co-parent with each other may still be perfectly fit to have parenting time with their child.
Therefore, legal custody does not usually have an impact on visitation time for either parent. For a parent without legal or physical custody of their child, a diligent attorney can assert in an Essex County court that they are fit to receive visitation time with their kids.
An experienced legal professional could propose alternate arrangements for visitation that parents might not have considered otherwise. For instance, a local attorney might suggest a nesting arrangement where the child resides in one primary residence while the parents move as opposed to moving the child back and forth.
An innovative lawyer might also offer creative solutions to dividing holidays, birthdays, and special occasions. In creating a visitation schedule, one of our team members could illuminate more parenting options based on their experience with similar cases in our area.
At Williams Law Group, our attorneys have dealt with thousands of divorce outcomes for parents. We are familiar with many different options for custody and visitation schedules and can help you pursue the right arrangement for your case. If you want to learn more about your right to spend time with your kids, get in touch with a Livingston visitation rights lawyer today.