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How Do New Jersey Courts Decide on Child Visitation Terms?

If your former spouse has been granted sole custody of the child you share together, you may be seeking information regarding child visitation terms in New Jersey. Continue reading and reach out to our experienced family law attorney to learn the difference between sole and joint custody and how New Jersey courts make decisions regarding child visitation terms.

What is the difference between sole and joint custody?

When a New Jersey court believes that a former spouse is unfit to parent, they will commonly grant the other parent sole custody. This custody agreement means that the parent with sole custody will have both legal and residential custody of their child. If your spouse was granted sole custody, you may still apply for scheduled visits as long as you can prove that you will provide a meaningful and consistent relationship with your child.

How will the court decide on child visitation terms?

The court will consider various factors when determining child visitation terms including the following:

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

Are there different types of visitations?

When applying for visitation time, there are three potential outcomes. The first potential outcome is when your application is denied due to the fact that the court believes it is in your child’s best interest to not spend their time with you. If this has happened to you, it is important that you retain the services of an experienced family law attorney. The second outcome is when the courts may grant you a supervised visitation. This may occur if you are known to have addiction issues or have an otherwise questionable past. The final outcome is that the court may grant you unsupervised visitations if you are proven capable of providing your child with a safe, healthy environment.

Contact our experienced Ocean City firm

Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. Not only is your financial well-being at stake, but in a divorce, both you and your children’s emotional well-being are at risk as well. If you need a divorce and family law attorney in Ocean County, New Jersey, please do not hesitate to contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.

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