During a divorce, both parents share custody of their child, unless a court order granting sole custody has been issued. No parent has the right to withhold a child from his or her other parent, even if those parents are separated and in the midst of a divorce. Unfortunately, it is not uncommon to see one parent move out of the family home, leaving the child behind. And many of those parents face resistance from the other parent when trying to visit with their child. In this situation, it is important to know your rights so you can take action if the other parent violates them.
As stated above, you share custody with your spouse unless a court order granting sole custody has been issued. Moving out of the family home does not in and of itself constitute grounds for obstructing visitation. But, while you might share custody of your child and thus have the right to visitation when you move out, it can be difficult to coordinate that visitation with the primary residential parent who still lives with your child.
In instances where one parent’s custodial rights are being violated, I recommend he or she speak with an attorney. If the primary residential parent who lives with the child is not facilitating visitation, and you should take action. Unfortunately, parents can end up in court fighting for their inherent rights. If you go to court, a judge can issue a custody order that outlines and legally protects your rights. If you no longer live with your child, the order can grant you parenting time (i.e. visitation). You can even obtain a parenting time schedule that is enforceable. Then, if the other parent does not follow the parenting time schedule, you have more legal recourse to enforce it.
If you moved out but want to share physical custody (i.e. have your child live with you part of the time), a custody order can grant you such a right. But it is important to keep in mind the judge will do what is in the best interests of the child. Divorce is a tumultuous time for many families, and shared physical custody arrangements can be difficult to follow during a divorce. This is one of the reasons why you need to speak with an attorney about your options. The complex issues in divorce and custody cases are difficult to navigate, and the stakes are high. Having an attorney assist you with your case can help ensure your custody order is in your child’s best interests.
Do you have questions about parenting time? Williams Law Group, LLC can advise you of your rights and protect your best interests every step of the way. Located in Union, New Jersey, Williams Law Group, LLC provides compassionate and dedicated legal services to Union, Bergen, Essex, Hudson, Morris, Monmouth, and Middlesex counties, and the surrounding areas. Our knowledgeable attorneys handle divorce and family law, child custody, and child abuse/neglect cases. Call our office at (908) 810-1083, email us at email@example.com, or contact us through our confidential online form to schedule a consultation and ultimately get connected with an experienced New Jersey divorce and child custody attorney.