Union County Child Visitation Attorneys

Child visitation is a significant divorce matter. Understandably, divorce can be a deeply emotional and tumultuous period. When children are involved in a divorce, it is important that everyone work to mitigate the effects of the split. New Jersey courts will always act in the best interest of the child when deciding on issues that directly affect them. However, when grandparents or siblings seek visitation through the courts, they must first prove that denying such visitation would cause harm to the child before the court will consider a schedule based on best-interest factors. When child custody is addressed, there are situations where a noncustodial parent or other family member has lost access to a child, leading them to take legal action. When it comes to the visitation rights of family members, New Jersey believes that positive, substantial familial relationships should be protected. If you need an effective law firm to help you secure and protect your relationship with a child in your family, contact the child visitation attorneys at Ross & Calandrillo for a consultation to discuss your legal options.

Visitation Orders In New Jersey

New Jersey believes that established, positive familial relationships should be protected to lessen the emotional impact of a divorce. When faced with a hostile custodial parent, certain family members have the right to ask for the court’s intervention. According to N.J.S.A. 9:2-7.1, grandparents and siblings have the right to apply independently for visitation rights. To succeed, they must first show—by a preponderance of the evidence—that denial of visitation would cause harm to the child. This task is a heavy one and comes with a significant burden of proof on the applicant. Having a blood relationship is not enough to be rewarded these rights. The court will take many factors into consideration, including:

• The bond between the child and the applicant
• The relationship between the guardian or parent and the applicant
• The time that has passed since the last contact with the child
• The effect of these rights on the relationship between the child and the parent or guardian
• If the parents are divorced or separated, the time-sharing arrangement that exists between the parents regarding the child
• The good faith of the applicant
• Any history of the applicant that would pose a danger to the child
• Any other factor relevant to the court

Furthermore, if the applicant acted as the primary caregiver for the child, that fact can be strong evidence supporting visitation, but it does not guarantee it. In certain cases—whether the person is related or not—the court may apply the “psychological parent” doctrine if the person has acted as a parent with the legal parent’s consent. This doctrine can apply to stepparents, aunts, uncles, or stepsiblings, meaning they are not automatically excluded from visitation rights, even though they are not named in the statute.

Contact Our Child Visitation Attorneys in Union County, NJ

If you need to request the help of the court to gain access to a child in your life, contact Ross & Calandrillo. Our firm understands that an uncertain future can be stressful, and our family lawyers will work to guide you through this matter and zealously fight for the future of your relationship. For a consultation where we will assess your legal options, contact Ross & Calandrillo.