When parents separate or divorce, one of the most challenging issues that arises is child custody. While New Jersey law presumes that it is in the child’s best interest to maintain a relationship with both of their parents, there are certain circumstances that may warrant a parent’s visitation rights being denied or restricted. If you are dealing with custody issues, it is important that you fully understand your legal rights and options. Work with a knowledgeable Roxbury, NJ parenting time and visitation attorney to discuss your situation and obtain skilled assistance today.
What Are Visitation Rights?
Visitation rights, often referred to as parenting time, are the rights awarded to a noncustodial parent that allows them to spend time with their child. Courts generally award visitation to ensure that both parents are able to maintain a strong relationship and bond with their child, even if the child lives with one parent for the majority of the time.
Depending on the details of the circumstances, visitation could be supervised or unsupervised. The court will likely establish a schedule that outlines the frequency, duration, and location of visits.
Can a Parent’s Visitation Rights Be Denied or Restricted?
Yes, though the law supports the child having a relationship with both parents, visitation rights can be denied or restricted in situations where it is in the child’s best interest. If the noncustodial parent’s actions or circumstances pose some sort of risk to the child’s safety or well-being, a court could decide to restrict or deny parenting time.
Examples of reasons why visitation could be limited include the following.
- The parent has been physically, emotionally, or sexually abusive to the child
- The parent has been neglectful when the child was in their custody
- The parent has a substance abuse problem that affects their ability to care for the child
- The parent has a mental health issue that affects their ability to care for the child
- The parent has a history of domestic violence, whether it was directed at the child, other parent, or someone else with whom they have a domestic relationship
- The parent has been attempting to alienate the child from the other parent
- The parent has violated court-ordered agreements, especially the custody order
- The parent has moved in with a new person who poses a threat to the child
The most important aspect of any custody arrangement is how it benefits the child and whether or not it promotes the safety and well-being of the child physically, mentally, and emotionally. Ultimately, this alone will help a court make decisions regarding visitation.
In many cases, the court will require supervised visitation or limit the amount of time the parent can spend with the child until they can prove that they are fit to care for the child. In more severe cases, visitation rights will be revoked completely.
To learn more about your rights and options as a parent, reach out to a skilled family lawyer today.
