New Jersey prefers that both parents spend time with their children after a divorce. However, creating a visitation schedule that fits the child’s and parents’ needs while complying with child custody laws is often challenging. Plus, parents do not always follow agreed-upon visitation arrangements or court orders, adding further legal issues to already complex situations.

Whether you are going through a divorce, your child’s other parent is not complying with a court order, or you need help enforcing your child visitation rights in NJ, Joseph J. Russell Divorce & Family Law Attorney can help. As a New Jersey child visitation lawyer, Joseph J. Russell represents people from all walks of life, from teachers and business owners to professional athletes and celebrities. No matter your situation, we treat you as if you were a member of our family and do everything possible to minimize your stress and financial strain. Call now at (732) 726-6236 or complete our contact form to schedule a confidential consultation to discuss child custody and visitation in NJ.

Child Visitation Laws in New Jersey

Under New Jersey law, state policy is for both parents to maintain contact with their children after their marriage ends. Both parents have equal rights and responsibilities regarding custody and visitation – though the details will vary according to each family’s situation.

There are two different types of custody:

  • Legal custody refers to a parent’s legal authority to make major decisions regarding their child, such as education, healthcare, and religion.
  • Physical custody, or residential custody, refers to a parent’s right to spend time with their child.

In many cases, parents share legal custody while splitting physical custody based on the child’s needs and the parents’ work schedules. However, one parent (the custodial parent or “parent of primary residence”) will usually have primary physical custody, meaning the child lives with them most of the time. The other parent (the non-custodial parent or “parent of alternate residence”) will likely be allowed visitation, or parenting time. Sometimes, a grandparent or sibling may even be granted visitation rights.

Judges consider many factors when making custody and visitation decisions. However, their primary concern is determining what is best for the child. While either parent can ask the courts to limit or deny the other parent’s visitation time, the requesting parent must show how it would suit the child’s needs. In general, judges will not deny a parent custody or visitation unless there is strong evidence that the parent’s actions will have a serious negative impact on the child.

How a Child Visitation Lawyer Can Help

At Joseph J. Russell Divorce & Family Law Attorney, we understand the importance of spending time with your child. Our legal team is here to protect your rights and help you maintain your family relationships. We will work closely with you to gather and organize all the necessary documents, including calendars, written communications, or records of missed visits – anything that supports your case. We know that the details matter in these disputes, and we make sure to present your side clearly.

If your custody case requires court action, our NJ child custody attorneys can handle all the filings and legal procedures on your behalf. You can rely on us to build a persuasive argument and advocate for a resolution that serves your child’s best interests and your rights as a New Jersey parent.

Types of Visitation Schedules Available in New Jersey

Just as no two New Jersey families are the same, it is rare for any two visitation schedules to be identical. That said, visitation schedules often look like the following:

  • Alternating weeks – The child spends one whole week with each parent, rotating continuously.
  • Alternating weekends – One parent has visitation every other weekend, typically from Friday evening to Sunday evening.
  • Midweek visits – A non-custodial parent may have time with the child for a few hours or overnight one evening during the week.
  • Extended summer visits – Non-custodial parents may have several uninterrupted weeks during summer break to allow them to spend more time with their child.
  • Holiday rotations – Parents often alternate major holidays like Thanksgiving, Christmas, and New Year’s each year so the child gets roughly equal time with them during those special occasions.
  • Split holidays – In some cases, a child may spend time with both parents on the same day during the holidays.

Types of Visitation Arrangements

Visitation time can also look different for each family. Some types of visitation arrangements include:

  • Supervised visitation – These visits take place with a neutral third party present. Supervised visits are often necessary when a court has concerns about the child’s safety or the parent’s behavior. They may occur at a designated facility or another agreed-upon location.
  • Unsupervised visitation – The parent spends time alone with the child without any third-party oversight. This is the most common arrangement when the court finds no risk to the child’s well-being if the child spends time with both parents.
  • Scheduled visitation – A fixed plan outlines the exact days and times the non-custodial parent will have parenting time. This structure can help prevent confusion or disputes, particularly when two parents do not get along.
  • Reasonable visitation – Instead of a fixed schedule, the parents can arrange visitation whenever it works best for them.

How Visitation Is Determined by the Court

If you and your ex-spouse cannot agree on a visitation arrangement, the family court can decide. New Jersey law requires courts to make visitation and custody decisions based on the child’s best interests. Some factors judges consider in these decisions include:

  • Each parent’s ability to communicate, cooperate, and agree on child-related matters
  • The parents’ willingness to accept a custody arrangement and any history of refusal to allow parenting time not motivated by safety concerns
  • The child’s relationship with each parent and any siblings
  • Any history of domestic violence
  • The child’s preference, if they are mature enough
  • The child’s specific emotional, physical, and developmental needs
  • The stability of each parent’s home environment
  • Continuity and quality of the child’s education
  • Each parent’s fitness to care for the child
  • How close the parents’ homes are
  • The extent and quality of time each parent has spent with the child
  • Each parent’s work schedule and availability

Speak with a New Jersey Visitation Lawyer

With over a century of combined experience, our New Jersey parenting time lawyers can provide the thorough, dedicated legal support you need. Here is what one client said about their experience with us:

“Mr. Russell is one of the most professional, compassionate, trustworthy, fair and kind human beings that I have had the pleasure and good fortune to have known and had in my corner during a most difficult time. Joe always went out of his way to be thorough and patient in explaining the process every step of the way. I highly recommend Mr. Russell to friends and family.” – Denise V.

Call Joseph J. Russell Divorce & Family Law Attorney now at (732) 726-6236 or complete our contact form for a confidential consultation to discuss your visitation concerns and how we can help.