While children generally have the right to maintain a relationship with both parents after a separation or divorce, a parent’s visitation rights could be denied under certain circumstances. New Jersey courts strive to ensure that children have access to both parents, but that is not always possible when keeping in mind the best interests of the child. To learn more about your parental rights and secure skilled representation, reach out to a Mountainside child visitation attorney today.
What is Visitation?
Visitation, now known as parenting time, is time that noncustodial parents spend with their children when the other parent has sole custody. Parents can be awarded physical custody, legal custody, or visitation. Physical custody is the right and responsibility of housing the child and caring for them on a daily basis. Legal custody is the parent’s right and responsibility to make important decisions on behalf of the child. If you are not awarded custody, you are considered a noncustodial parent. However, you can still be granted regular access to your child through parenting time.
Visitation or parenting time is generally on a regular basis, for example every other weekend or specific days of the week. They may be overnights or just for a few hours during the day depending on the details of the circumstances.
When Can Visitation Rights Be Denied in NJ?
It is important to keep in mind that your visitation rights can only be restricted or denied through a court order approved by a judge. The child’s other parent cannot violate the order and deny you access to the child. If they do, you have the right to take action against them and request a modification of the visitation order. However, if the child’s other parent violated the order because you posed a threat to the child’s health and well-being, the judge may approve of their actions.
If your parenting time rights are restricted, you could have supervised visitation or be denied access to the child altogether. Supervised visitation is a restriction imposed on the time that you spend with your child and requires that a third party be present at all times when you are visiting with your child. Supervision may be required if there is a history of child abuse, physical disabilities, psychiatric problems, substance abuse, abandonment, neglect, or any other issue that may put the child’s safety and well-being at risk.
Your visitation rights could also be denied for the same reasons. While it is generally in the child’s best interest to maintain a relationship with both parents, if there is potential for the child to be harmed physically, emotionally, or psychologically, a court could deny you access.
It is important that you fully understand your legal rights and responsibilities as a parent in New Jersey. Contact a skilled family lawyer at Ross & Calandrillo today to discuss your situation and obtain experienced representation.
