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What Do Courts Consider When Determining Visitation in New Jersey?

If your former spouse has been awarded sole custody of the child you share together, you may be wondering about your options regarding visitation time in New Jersey. Continue reading to learn what sole custody means in New Jersey, what courts will consider when determining visitation, and the potential outcomes for a parent who has applied for visitation in New Jersey. Reach out to our experienced family law attorney if you have any further questions regarding visitation.

What is sole custody?

When one parent is believed to be unfit to parent by the court, sole custody is typically granted to the other parent. Sole custody refers to the parent who has both legal and residential custody of their child. If your spouse has been granted sole custody of the child you share together, you may be wondering about your options for visitation. Parents who do not have sole custody can still apply for scheduled visits if they can prove that they will provide a stable and consistent relationship with their child as well as a safe and healthy environment for visits.

What do New Jersey courts consider when determining visitation?

New Jersey courts will consider various factors when determining visitation time. The following are some of the most common factors courts will consider when making a decision:

  • The applicant’s history with the child
  • The applicant’s good faith
  • If the applicant poses and sort of a risk to the child
  • The relationship between the guardian or parent and the applicant
  • The bond shared between the child and the applicant
  • The impact of these rights on the relationship between the child and their parent or guardian
  • The time that has passed since the last contact with the child and the reason behind this time

What are the potential outcomes when a parent applies for visitation?

There are three potential outcomes when you apply for visitation time with your child. The first outcome is, unfortunately, when the court denies your visitation due to the fact that they believe it is in your child’s best interest to not spend time with you at this time. The second outcome is that the court grants you supervised visitation. Finally, the last outcome is that the court will grant you unsupervised visitation. This will occur when you can prove to the court that you are capable of providing your child with a safe, healthy, positive, and consistent relationship and environment.

Contact our experienced New Jersey firm

If you require strong legal representation for matters related to divorce or family law, Haber Silver Russoniello & Dunn is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.

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