Visitation is an important issue in any case involving child custody. In New Jersey, visitation laws regulate the amount of time a non-custodial parent will be allowed to spend with their children. Due to the complex nature of family law, it is essential to have a clear understanding of visitation laws in New Jersey. This article aims to provide a comprehensive guide to understanding New Jersey’s visitation laws.
Key Points to Consider
Before delving deep into understanding visitation laws in New Jersey, it is crucial to keep the following key points in mind.
- Visitation rights and schedules are determined based on what is in the best interest of the child.
- The child should not be uprooted from their primary residence or school based on a non-custodial parent’s desire for increased visitation time.
- Visitation does not mean unlimited access to a child at all times
- If a non-custodial parent has a history of domestic violence, the court may deny them visitation rights altogether.
Types of Visitation:
New Jersey divides visitation into three types: scheduled visitation, reasonable visitation, and supervised visitation.
Scheduled Visitation
This is a structured type of visitation, which occurs at specific times or dates. The duration of these visits is usually pre-determined and is included in a visitation plan. Scheduled visitation works best in cases where the parents are cooperative and willing to work with each other.
Reasonable Visitation
This type of visitation allows the non-custodial parent and the custodial parent to work together to determine the visitation schedule. The visits tend to be irregular and are not restricted to a pre-set schedule or timing. Reasonable visitation works best when the parents are in a good relationship, are flexible and communicative.
Supervised Visitation
This type of visitation involves the presence of a neutral third party or professional, who supervises the visitation. It is usually ordered by the court in cases where the non-custodial parent has a history of substance abuse, domestic violence, or other factors that may endanger the child’s safety.
Factors for Determining Visitation Schedule
New Jersey courts always consider the best interest of the child when they create a visitation schedule. The court considers several factors, including:
- The age of the child
- The relationship between the child and the non-custodial parent
- The health of the child and the non-custodial parent
- The non-custodial parent’s work schedule and availability
- If the non-custodial parent has a history of drug/alcohol abuse or domestic violence, that may affect their visitation time
- The child’s school schedule
Parental alienation
Parental Alienation, or PAS, refers to one parent deliberately attempting to alienate the child from the other parent. It is not acceptable behavior in visitation cases. The court does not look kindly on such behavior, and if there is evidence of this behavior, it may even result in reduced visitation time or supervised visitation time.
Imputation of Income
The court may impute income to a parent who is underemployed or unemployed. This means that the court can assume that the parent is earning a certain amount of income for the purpose of calculating child support and visitation time.
Conclusion
Visitation is a critical aspect of any child custody case. In New Jersey, the court’s primary goal is to ensure the best interest of the child. There are various types of visitation schedules, and the court considers several factors to determine the best schedule for the child and the non-custodial parent. Parental alienation is not acceptable behavior and may affect visitation time. It is always advisable to seek the advice of a family law attorney to help navigate the complex nature of New Jersey’s visitation laws.