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If the parents of a child are separated, divorced, or unmarried, often times the courts must step in and resolve custody and visitation issues. Dividing a household into two will require a custody and parenting time arrangement. Securing the right to parenting time with your child could be possible with the help of our seasoned child custody attorneys.
If you are concerned about how your separation or divorce might impact your relationship with your children, now is the time to seek legal guidance. Even if you do not have full custody of your child, you have the right to seek visitation and parenting time. Our West Caldwell visitation lawyers can assist you with attempting to secure parenting time.
Visitation and custody are two different legal issues in New Jersey. Although they are both related to a parent’s rights, custody relates to issues regarding the child’s day to day care and overall upbringing, visitation issues are when a parent will see the child and scheduled overnights. A West Caldwell visitation attorney will provide further guidance on how these concepts are different.
With that said, if adjudicated by a judge, both custody disputes and parenting time issues will be determined based upon the best interest of the child.
While the decision regarding visitation rights rests with the court, in the event parties are able to reach an agreement, the courts will enter and enforce said agreement.
If both parents are able to reach an agreement on questions of visitation and custody, these schedules have the potential to be fairly flexible. They could take into account non-traditional school or work schedules, and they could also set out time for family vacations with each parent. These agreements can also be specific and detailed. However, parties should be cautious about making an agreement too vague or constrictive, as schedule change and parties should co-parent and work together in the best interest of their children.
New Jersey courts will often defer to a schedule agreed upon by the parents, but that is not always a possibility. If the parents are unable to come to an agreement, the court will set a parenting time schedule based upon the evidence submitted and any recommendations of a custody evaluator, if applicable.
For more information about visiting schedules in West Caldwell, connect with a diligent attorney.
If a judge issues an order regarding visiting schedules for a child, it is said that the order is “final”; that does not mean it is not possible to modify the standing order. A West Caldwell attorney can help amend an existing visiting order that has been issued by the court.
There must be a significant change in circumstances warranting a modification for the court to amend a standing visitation order, including but not limited to a change in the lives of either or both parents, and the children’s lives. These changes could involve the failure to comply with the original order, a parent relocating, or a change in employment.
It is important to have sound legal counsel when dealing with custody and visitation issues. The right to visiting your child is important for building and maintaining a relationship with them, and an adverse ruling could make that relationship complex. Let our West Caldwell visitation lawyers advocate for you during any disputes. Call our New Jersey office today for a confidential consultation.