How Can I Get Visitation Rights in New Jersey?

As a parent, spending time with your child is a cherished right and essential for maintaining a strong relationship. However, circumstances such as divorce, separation, or other family issues can complicate access to your child. In New Jersey, visitation rights—also referred to as parenting time—are legally protected, and courts strive to ensure that children maintain meaningful relationships with both parents whenever possible. Below we discuss the legal process and other important things to know about visitation. If you are seeking (or opposing) visitation rights in Union, Essex, or Middlesex counties, contact the Law Offices of John B. D’Alessandro to discuss your situation with an experienced and knowledgeable Union child custody lawyer.

What Are Visitation Rights?

Visitation rights are court-ordered arrangements that allow a non-custodial parent to spend time with their child. These rights are typically granted in cases where one parent has primary physical custody, and the other parent does not live with the child full-time. Visitation can also apply to grandparents or other relatives in certain situations.

Steps to Obtain Visitation Rights

1. File a Complaint or Motion for Visitation

If you are not currently granted visitation, you must file a formal complaint or motion with the Family Division of the Superior Court in the county where the child resides. This filing outlines your request for parenting time and your reasons for seeking visitation.

2. Demonstrate Your Relationship with the Child

The court will evaluate the bond between you and the child. It’s important to provide evidence of your involvement in the child’s life, such as time spent together, financial support, or participation in school and extracurricular activities.

3. Prove That Visitation Is in the Best Interests of the Child

In New Jersey, all decisions regarding custody and visitation prioritize the child’s best interests. Factors the court considers include the child’s age and needs, the relationship between the child and each parent, the stability of each parent’s home environment, the ability of each parent to provide for the child’s physical and emotional needs, and any history of domestic violence or abuse, among others

4. Participate in Mediation (If Required)

Many New Jersey family courts require parents to attend mediation to try to resolve visitation disputes before proceeding to a formal hearing. Mediation provides a neutral space to discuss and negotiate a parenting time schedule.

5. Attend a Court Hearing

If mediation fails, the court will schedule a hearing where both parties can present evidence and testimony. The judge will then decide on an appropriate visitation arrangement.

Types of Visitation Arrangements

Depending on your circumstances, the court may order one of the following types of visitation:

• Traditional Visitation Schedule: Regularly scheduled time with the child, such as weekends, holidays, or school vacations.
• Supervised Visitation: Visits take place under the supervision of a neutral third party, often due to concerns about the child’s safety or well-being.
• Virtual Visitation: Video calls, phone calls, and other electronic communication methods, often used when parents live far apart.

Can Visitation Rights Be Denied?

While New Jersey courts strongly favor maintaining a relationship between parents and children, visitation rights may be denied or restricted if a parent’s behavior poses a risk to the child. Examples include a history of abuse or neglect, substance abuse issues, or evidence of criminal activity by the parent seeking visitation or occurring in their home. In such cases, the court may require the parent to complete specific steps, such as parenting classes or substance abuse treatment, before granting or restoring visitation rights.

What About Grandparent or Third-Party Visitation?

New Jersey law allows grandparents and other third parties to request visitation, but the process is more complex. Petitioners must prove that denying visitation would harm the child. Courts evaluate factors such as the relationship between the child and the petitioner and the reasons for the request.

Seek Legal Assistance for Visitation Rights in Union, New Jersey

Working your way through the legal system to obtain visitation rights can be tricky without skilled legal assistance. At the Law Offices of John B. D’Alessandro, we are dedicated to helping parents and families in Union, Essex, and Middlesex counties protect their rights and maintain strong bonds with their children. Our experienced family law attorney can guide you through every step of the process, from filing motions to representing you in court.

Contact us today at 908-964-0102 to discuss your case. Together, we can work toward securing the parenting time you deserve.