What Visitation Rights Do Parents Have In New Jersey?
If you are a noncustodial parent of a child living in New Jersey, you may be wondering what visitation rights you will be given in a divorce or separation. Simply put, child visitation is much different than child custody. A child visitation schedule — which can be decided by the parents or by the court — covers the amount of time that a parent can spend with their son or daughter.
At Essex County family law firm Nitti & Nitti, P.C., we know how challenging it can be to not have your child in your life like before. That’s why our Livingston, New Jersey, child visitation attorneys will help you protect your right to be with your child. With three decades of experience under our belts, we know how to effectively advocate for our clients in such cases. We have successfully represented clients in child visitation cases throughout New Jersey, including Maplewood, East Orange, North Caldwell and Whippany, New Jersey.
We can review your New Jersey divorce or separation case and explain your visitation rights in a free consultation. Call 973-852-3041 or use the online contact form to schedule a meeting at our office in Roseland, New Jersey.
Types Of Visitation Schedules Available In New Jersey
In New Jersey, a parent’s visitation rights are strongly protected by the courts and legislature. The goal is to ensure that minor children are allowed frequent and regular contact with both of their parents — so long as there are no extreme circumstances that would make it unsafe.
Common types of visitation schedules in New Jersey include:
- Shared parenting plan – In this situation, the child would live with both parents an equal or nearly equal amount of time, switching off when appropriate. This can help the child truly enjoy a beneficial relationship with both parents as the child grows up.
- Every other weekend – Another common option is for the noncustodial parent to visit the child every other weekend and at least one night during the week.
- Supervised visitation – The noncustodial parent is allowed to visit their child, but only while they are being monitored. This may be enforced for various reasons, depending on the parent’s past, their current relationship with the child, and more.
Ultimately, the parents can agree to any visitation schedule that best suits their unique circumstances and that is in the best interests of the child. (This can potentially be accomplished through mediation.) However, if the parents cannot agree, the court will be required to come up with a visitation schedule believed to be appropriate.
Grandparent Visitation Rights In New Jersey
In addition to parental visitation, Nitti & Nitti, P.C. can also assist with grandparent visitation. We are well-versed on New Jersey laws related to grandparents’ visitation rights and can help you petition for time with your grandchildren when applicable. Under New Jersey’s Grandparents’ Visitation Statute, grandparents can file an application for visitation of a child living in New Jersey. They must be able to prove that the visitation will ultimately be in the child’s best interests.
The court will consider the following factors and more when determining New Jersey grandparent visitation:
- The child’s relationship with the grandparents
- The parents’/guardian’s relationship with the grandparents
- The amount of time that has passed since the child’s last contact with the grandparents
- The effect visitation would have on guardian relationships
- Any other time-sharing arrangement that already exists
- The motivations/good faith of the grandparents
- Any past instances of abuse or neglect
Contact An Attorney Who Will Fight To Protect Your Rights
If you are a parent seeking visitation rights with your child, or a grandparent seeking time with your grandchild, you have options. No matter your situation, Nitti & Nitti, P.C. is ready to help you. Our New Jersey visitation lawyers have 30-plus years of proven legal experience in Essex County, Morris County and Union County, New Jersey. Let us walk you through this process and ensure that your rights are upheld.