Understanding Visitation Rights In New Jersey: A Guide For Parents

What Factors Do Judges Consider When Awarding Visitation Rights In New Jersey?

Visitation rights are determined on a case-by-case basis, with the primary focus being the best interest of the children. Courts prefer when parents negotiate visitation themselves since they understand their children’s needs better than the judge.

However, if an agreement cannot be reached, mediation is often the next step. If mediation fails, the court may conduct a custody investigation or involve experts to assess the situation. Custody trials are quite costly and emotionally taxing, so both the courts and attorneys aim to avoid them by reaching an agreement that best serves the children.

What Happens If A Custodial Parent Refuses To Allow Visitation?

If a custodial parent refuses to allow court-ordered visitation, the non-custodial parent typically must return to court to enforce their visitation rights. Law enforcement generally won’t intervene in these disputes, as they’ll often refer the matter back to the courts.

The non-custodial parent can file a motion to enforce the custody order and request that the court compel the custodial parent to follow the established visitation schedule. If the custodial parent continues to violate the order, they may face legal consequences, including modifications to custody or visitation terms.

How Does Supervised Visitation Work In New Jersey?

In New Jersey, supervised visitation is arranged when there are concerns about a parent’s ability to safely interact with their child. This type of visitation can occur with a mutually agreed-upon family member acting as the supervisor or through agencies that provide supervision for a fee.

Supervised visitation is generally reserved for serious situations, such as issues involving substance abuse, violence, or other risks to the child’s well-being. The supervising individual or agency ensures the safety of the child while allowing the parent to maintain contact.

Paul Mirabelli of Hazlet Family Law Firm in New Jersey brings years of experience in handling complex visitation disputes. His deep understanding of New Jersey family law allows him to successfully advocate for clients while prioritizing the best interests of the children. Paul has guided countless families through the process of establishing fair visitation agreements, including cases involving supervised visits or denied visitation.

If you’re facing a visitation issue, Paul is ready to provide the legal guidance you need to protect your parental rights—contact him today for the help you need.

Establishing a visitation schedule often starts with the parents reaching an agreement. In typical cases, one parent may have primary physical custody, while the non-custodial parent gets visitation rights. This often includes every other weekend and possibly one or two nights during the week.

Some families opt for joint custody, where the child splits time equally between parents, such as alternating weeks or splitting the week in half. If the parents cannot agree, a judge will step in, though this often results in a less favorable outcome for everyone involved—parents and children.

What Are My Legal Options If My Visitation Rights Are Denied?

If your visitation rights are denied despite having a court-ordered agreement, your primary legal option is to file a motion with the court to enforce the visitation order. The court may intervene to ensure the agreement is upheld.

While law enforcement typically won’t get involved in enforcing custody or visitation issues, the court can impose penalties or modify the custody arrangement to address the violation.

How We Help Families Like Yours Resolve Conflicts

Conflicts over visitation are challenging, especially when one parent believes they are the better parent and wants to limit the other parent’s time with the children. In one case, earlier in my career, we started with gradual visitation, beginning with one day or night a week. If those visits went well, the visitation time expanded. As things continued to progress smoothly, we were able to add additional visits.

The goal was to create a fair process that allowed both parents to be involved while ensuring the children’s well-being. If one parent resisted, we would have the court set clear parameters and even establish potential sanctions if the visitation schedule wasn’t followed. This helped maintain fairness while protecting the children’s interests. I’ve adopted this approach whenever relevant to cases I’ve taken on since.

Still Have Questions? Ready To Get Started?

For more information on Visitation Rights In Hazlet, New Jersey, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (732) 733-2830 today.