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What to Know About Child Visitation in New Jersey

When there are children involved in a divorce, it can cause even more stress to all of the parties involved. When it comes to visitation rights, the court will want to make decisions that will best serve the interests of your child. If you have questions or concerns about visitation rights, contact our experienced New Jersey family law attorneys at Townsend, Tomaio & Newmark L.L.C. We work tirelessly to ensure that you and your child’s interests are best protected. Schedule your first consultation today.

What determines child visitation rights after a divorce in New Jersey?

Not all families are alike, which is why New Jersey courts will consider a wide range of factors when determining the amount of visitation time a parent is entitled to. Some of the factors include the following:

  • If the parent was convicted of domestic abuse
  • If the parent has a history of drug or alcohol abuse
  • The overall parental fitness
  • The safety and needs of the child (both physical and emotional)
  • The child’s preference if they are old enough to make an informed decision
  • Convenience (the parent’s location, schedule, etc.)
  • The current relationship between the parent and child

How do I obtain visitation rights in New Jersey?

If a parent wishes to receive visitation rights, they must apply for them with the court. When the court is faced with making visitation decisions, they will always put the child’s best interests first. In the best-case scenario, a court will award a designated time with the child. However, if the child will not have a happy and healthy upbringing with the other parent’s visitation, then the court may deny visitation. If denied visitation, it is in that person’s best interest to retain an experienced attorney to fight for their parental rights.

Why might a parent not have visitation rights?

In most cases, the court wants both parents to be involved and present in their child’s life. Because of this, they will tend to award joint custody when possible. However, if a court believes that a parent is unable to perform their duties in a way that will be healthy for the child, they may award sole custody to the other parent.

In a sole custody situation, one parent will have both legal and physical custody of the child. In other words, the parent will have the child living with them and will make all educational, medical, social, and religious decisions on behalf of the child. This circumstance may still allow a parent to have visitation rights.

Contact our experienced family law attorneys at Townsend, Tomaio & Newmark L.L.C if you have questions regarding visitation rights.


If you have any questions regarding your family law matter, you can depend on our legal team to fight for your best interests, every step of the way. Contact Townsend, Tomaio & Newmark L.L.C. today to learn more about how our legal team can assist you.