Divorces often bring about intense levels of emotional and financial stress. When a couple is in a contested divorce, various aspects of their assets and family life are decided by the courts. Unfortunately, children and therefore child custody terms are often among the most contested in these divorces. When the courts have determined the child custody terms, there is a very good chance that a noncustodial parent or another family member will be denied access to a child. If you find yourself in this situation, here are some of the questions you may have:
What is a visitation order?
Essentially, a visitation order gives certain family members the right to ask the court to intervene when they are denied visitation rights of a significant child in their life. New Jersey courts’ primary concern is to ensure a child is surrounded by established, positive familial relationships so as to keep his or her standard of life as close to as it was before the divorce. This is why grandparents and siblings have the right to apply independently for visitation rights. However, they will first have to prove that visitation is in the child’s best interest. Therefore, simply having a blood relation is not nearly enough.
How will the court determine child visitation terms?
When considering your application, the court will analyze several different factors, including, though not necessarily limited to:
- The relationship between the guardian or parent and the applicant
- If the parents are divorced or separated, the courts will discuss the time-sharing arrangement which exists between the parents regarding the child
- The bond between the child and the applicant
- The applicant’s history with the child, and whether or not he or she poses any sort of a risk to the child
- The applicant’s good faith
- The time that has passed since the last contact with the child
- The impact of these rights on the relationship between the child and his or her parent or guardian
- Any other factor the court determines as relevant
If you believe you are entitled to spend time with a child you love, you should not hesitate to contact our compassionate firm. We understand how important visitation rights are to both you and the child in question.
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Contact our experienced New Jersey firm
Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. One of the most important things you can do when going through a divorce is to hire a knowledgeable and compassionate divorce attorney. Do not settle for less than you deserve. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.