Tanya L. Freeman

Child Visitation: We Help You Get Quality Time with Your children

By Tanya L. Freeman, Attorney at Law

Even in the most amicable marital dissolutions, setting reasonable child visitation arrangements is often problematic. The busy schedules of parents, caregivers, and even the children themselves can make scheduling a challenge. Child Visitation Attorney in New Jersey

In addition, adversarial parents burdened by animus, selfishness or both can create situations that, in effect, weaponize visitation and make it difficult for the non-custodial parent to see the child. 

Our team works to develop reasonable, flexible strategies and schedules that can take the stress and apprehension out of visitation. We look at:

  • What visitation rights laws offer advantages to your situation?

  • What visitation schedule is in the best interest of your children?

  • What and when should electronic communication (e.g., video calls) be used?

  • Should there only be public or supervised visitation?

And many other questions. We’re used to dealing with the strong emotions surrounding these situations. Clients may understandably feel anger, frustration, and receive often conflicting advice from well-meaning friends and relatives.

We pride ourselves on giving you straight answers on the options regarding visitation and what it takes to maintain a consistent and healthy relationship with your children.

Want To Learn More About Your Visitation Rights?

Everything You Need To Know About Child Visitation

Child visitation and child custody are interchangeable. Child visitation merely denotes which parent the child is with at any particular time. Any parent who has custody of the child must participate in daily decision-making for that child. For example, a domestic custodian is responsible for feeding, dressing, schoolwork, and hygiene. These responsibilities belong to the parent caring for the child and do not require the other party’s approval. 

If the parties cannot agree, the court may order these parenting time schedules. However, it should be noted that courts offer parents every chance to attempt to agree on a parenting time plan independently. Nevertheless, it is challenging for a judge to do so because they need more understanding of the schedules of both parties.

Your child’s health depends on you giving them a safe, stable, and loving environment. You must choose the custody and visitation arrangements that best suit your child’s needs if you and your spouse split. You can speak with a child visitation lawyer at Tanya L. Freeman, Attorney At Law, who will handle all the issues. Additionally, Freeman can help if you want to fight for visitation rights. Contact us right away to learn more about your options.

What is Child Visitation?

The guardian who spends less time with the children is given a visitation schedule. Specific visitation plans help parents and children stay clear of misunderstandings and conflicts. For example, in New Jersey, if it is possible to make arrangements, both parents have the right to spend as much time with their children as they can.

Types of Visitation Orders

The other guardian is said to have visitation when the child lives, mostly with one of the parents. Sometimes a court will give both parents joint physical custody but only shared legal custody. It suggests that while the child lives primarily with one parent, both parents have the legal authority to make significant decisions impacting the child’s health, welfare, and education. A judge has three different visitation order options:

  • Visitation

A visitation schedule is included when a court grants sole physical custody to one parent to ensure that the non-custodial parent and child have enough time together. An example of a shared calendar is weekends with overnight stays alternated, holidays and school breaks separated, and extended summer visits.

Additionally, pick-up and drop-off locations, hours, and an allocation of parental transportation duties are included in visitation arrangements. The child’s best interests must be considered for the court to approve a visitation schedule that benefits both parents and the child.

  • Supervised Visitation

The court may occasionally require the child to travel with a monitoring adult or trained agency whenever they see the parent with visitation rights. The child’s safety and well-being may require this. For instance, under supervised visitation, the child and parent may need time to get to know one another and feel comfortable if they haven’t seen each other in a while.

 Only when the absent or abusive non-custodial parent has a history can the court order monitor parenting time. In addition to appointing a visiting supervisor for the family, the court may also mandate that the parent visit the child at a location pre-approved by the court rather than at the parent’s home. Depending on the situation, the court may authorize supervised visitation with or without further restrictions. For instance, the court may order a parent with a history of substance abuse to attend meetings or outpatient treatment before considering whether to permit unsupervised access. In challenging circumstances, the court may decide that it is in the child’s best interest to have no contact with the violent parent.

  • No Visitation

If contact between the child and the parent causes physical or psychological harm, the court will impose a visitation restriction. The child’s best interests are the court’s top priority. The court will protect the child’s safety by preventing visitation if necessary.

Visitation Rights in New Jersey

All parents are entitled to equal custody and visitation rights with their children under New Jersey law, which does not favor one guardian over the other by default. However, using New Jersey’s “best interests” elements can (and frequently will) lead to an unequal distribution of parenting time. Therefore, it is crucial to engage with a knowledgeable New Jersey visitation lawyer like Tanya L. Freeman, Attorney At Law, to secure the parenting rights you want.

Understanding Visitation Rights

Parents can have various custody and visitation arrangements depending on what works best for their children’s needs. Joint legal custody is the most typical arrangement for a custody arrangement. It implies that both parties have an equal voice in deciding how their child(ren) will be raised. However, even in shared custody cases, only one parent is regarded as the custodial parent, also referred to as the parent of a principal residence. When one parent has primary custody, the children spend most of their time with that guardian and see the other parent sometimes. New Jersey Child Visitation Attorney

The other parent’s visitation privileges are typically negotiated by agreement. However, depending on the demands and schedules of each party, the schedule may change. After considering several variables, the court decides the optimal visiting schedule for the children. Their school schedule, the parents’ proximity to one another, their parents’ job schedules, and step-sibling visits are some essential variables.

Additional elements that may be important in determining parental visitation rights during a divorce under New Jersey’s “best interests” rules include: 

  • Ability and willingness of the spouses to cooperate before, during, and after the divorce
  • A child’s preferences, assuming they are “of sufficient age and capacity to reason.”
  • Each parent’s capacity to maintain a stable home environment and the demands of the child
  • The quantity and caliber of time each parent spent with the child before the divorce 

Parents who are divorced must seek a New Jersey family court judge to decide on visitation on their behalf if they cannot agree. Tanya L. Freeman, Attorney At Law, may assist you in negotiating a mutually reasonable parenting schedule and represent you in court if necessary. Taking proactive measures is very important when requesting visitation rights (or requesting primary custody with a custody and visitation plan). Freeman can help ensure you are in the best possible position to acquire your desired parenting rights.   

Non-Parent Visitation Rights in New Jersey

Non-parents may also be granted visiting rights to children in New Jersey, in addition to non-custodial parents. It happens most frequently when grandparents want permission to visit and spend time with their grandchildren. In addition, a sibling who wants to keep in touch with a younger sibling may be granted non-parent visitation rights.

A grandparent or any sibling of a child resident in New Jersey may apply before the Superior Court, by the Rules of Court, for an order for visitation. It is how the New Jersey Code addresses non-parent visitation rights. By a preponderance of the evidence, the applicant must establish that granting visitation is in the child’s best interests. It should be prima facie evidence that visitation is in the child’s best interests if the applicant had previously been the child’s full-time caregiver. New Jersey Child Visitation Attorney

The “best interests” considerations in non-parent visitation cases differ from those in parental custody and visitation cases. As stated in Section 9:2-7.1, these elements consist of, but are not restricted to: New Jersey Child Visitation Attorney

  • Relationship between the child and the non-parent requesting visiting rights
  • Relationship between applicant and parents of the child
  • The impact of non-parental visitation on a child’s relationship with their parents
  • The parenting plan (if separated or divorced) regarding custody and visitation
  • Any prior instances of child abuse, including sexual, mental, or physical abuse

Frequently Asked Questions

How Can I File for Visitation Rights in New Jersey?

You can file for visitation rights in New Jersey by submitting an application to the family division in the place where the child resides. If your child lives outside of New Jersey, you should typically file your case in the court where the child now resides since that court has jurisdiction.

Can a Mother Take a Child Out of State Without the Father’s Consent in New Jersey?

N.J.S.A. 9:2-2 states that unless the court orders otherwise for a good cause proved, children should not be taken out of New Jersey without both parents’ consent. It implies that to move out of New Jersey with the child, you either need permission from the court or the other parent.

When Can You Refuse the Non-Custodial Parent’s Visitation in New Jersey?

Even if you strongly argue that your child shouldn’t visit their non-custodial parent, you cannot prevent visitation orders unless you have compelling evidence that your child is in immediate danger.


What Occurs If the Non-Custodial Parent Skips a Visitation in New Jersey?

If the non-custodial parent skips a visitation in New Jersey, the judge will always take the child’s best interests into account. For example, a judge may permit make-up visits if a parent misses visitation and requests them. However, the request might not be granted depending on why the parenting time was missed in the first place.

Work With a Professional Family Law Attorney in New Jersey

If you are a parent struggling with questions about child visitation, contact a qualified family law attorney in your area. Make an appointment by calling Tanya L. Freeman, Attorney At Law Child Visitation Attorney in New Jersey. Thanks to her in-depth understanding of the New Jersey legal system and years of experience and skill, you will feel more confident that you are taking all necessary steps to protect your parental rights. New Jersey Child Visitation Attorney

Do You Have Concerns About Child Visitation?
Contact Tanya L. Freeman, Attorney at Law
t (973) 939-0100

Tanya L. Freeman, Attorney at Law
100 Eagle Rock Avenue, Suite 105
East Hanover, New Jersey 07936
(973) 939-0100