Parents have rights related to visiting their children regardless of their marital status. While the court has the power to limit these rights if the child’s interests require it, most parents are generally given some access to their minor children.
If you are facing a visitation dispute, it could be in your best interest to seek the help of our dedicated child custody attorneys. These types of disputes can be highly contested, and the guidance of our Maplewood visitation lawyers could make the difference between success and failure in your case.
Not all forms of visitation are the same. If the parents are able to agree on a schedule, the court may allow the parties to operate with some flexibility. If this is not an option, a judge might issue a fixed schedule for someone to visit their child. On a fixed schedule, the specific hours and days a visitation is set to occur will be set out by court order. Both parties are required to comply with this schedule.
In many cases, visitation is unsupervised. This means that the non-custodial parent and child will have time together on their own without the presence of the other parent of unrelated third parties. However, this type of visitation might not always be in a child’s best interest. Because of this, it is important to discuss visiting options with a Maplewood attorney as soon as possible.
In some New Jersey cases, supervised visitation might be a necessity. This type of parent-child time requires a neutral third party to be present throughout the visit. The purpose of the third party is to ensure that the child remains safe while providing the parent an opportunity to develop a relationship with their offspring. This choice is used by the courts if there are allegations of neglect or abuse.
There are options when it comes to selecting a supervisor. Sometimes, the court will allow a family member or friend to sit in on the visit. In other situations, the court might appoint someone from the Supervised Visitation Program.
Every case like this in New Jersey is guided by the best interest of the child. While a judge retains authority to decide these types of issues, they must do so while considering the child’s best interests. A Maplewood attorney could help a parent without primary custody of their child seek visitation rights by showing that time spent with them is in the child’s best interest.
New Jersey law provides some guidelines for judges when considering a child’s best interest. The law requires the court to consider a child’s specific needs and evaluate the relationship the child has with each parent. These guidelines also require a judge to take into account the physical distance between the homes of each parent and any allegations of domestic violence. For older children, the court will even consider the child’s preference when it comes to how much time is spent with the noncustodial parent.
For most parents, protecting their children is their priority during a divorce process. For the courts, weighing visiting rights is about providing parents with the time they need with their children while ensuring the best interests of the child are protected. If you are involved in a visitation dispute, the right attorney could help. Contact a Maplewood visitation lawyer right away to learn more about your legal options.