When a parent is not awarded custody during a separation or divorce, they could still be granted access to their child through visitation, also referred to as parenting time. While New Jersey courts will always try to allow the child to maintain a relationship with both parents, visitation rights could be denied if the relationship could be considered detrimental to the child’s well-being. To learn more about your parental rights and responsibilities, read on and reach out to a Sparta NJ child visitation attorney today.
What is Visitation?
Visitation is when a noncustodial parent spends time with their child. If both physical and legal custody are awarded to one parent, the other parent may still have access to the child through parenting time. This time may include overnight visits or not, depending on the circumstances, and generally operates on a regular schedule like every weekend or specific days.
Visitation allows the noncustodial parent to spend quality time with the child and maintain a relationship with them. During custody deliberations, the court can create a visitation order giving the noncustodial parent (and siblings or grandparents) the right to spend time with the child.
Can Visitation Be Denied for NJ Parents?
Yes, visitation can be denied for noncustodial parents in New Jersey. Under NJ Revised Statutes Section 9:2-4, courts agree that it is in the best interest of the child to have frequent and continuing contact with both parents, whether through joint custody or visitation. With that being said, a parent’s right to visitation can be restricted or denied if the court decides that the parent poses a risk to the child’s physical, emotional, or psychological health and well-being.
Why Would Visitation Be Denied?
Only the court can restrict or deny visitation, not the custodial parent. However, if the custodial parent believes that allowing visitation would bring harm to the child, they may act in opposition of the court order and explain the situation to a judge later on.
A New Jersey court may restrict visitation by requiring the time to be supervised by a third party and/or mental health professional or by requiring that the parent abstain from drug or alcohol use when in the presence of the child, which can be enforced through random testing. In extreme cases, the court could outright deny any visitation rights and prohibit the parent from seeing the child.
Because children generally benefit from a relationship with both parents, a court will only restrict or deny visitation if it is in the best interest of the child. Valid reasons to deny parenting time can include:
- Domestic violence
- Emotional abuse
- Sexual abuse
- Abandonment
- Neglect
- Substance abuse
- Unsafe living conditions
- The parent’s relationship with a new significant other or roommate
- Physical disabilities
- Mental disorders
Any situation that could negatively impact the child’s health and well-being could be cause to deny visitation rights.
If you have questions or concerns regarding your parental rights and responsibilities, contact an experienced family lawyer at Paris E. Eliades Law Firm, LLC today.
