Divorce is one of the hardest things a person can endure. However, it happens more often than we’d like to think. If you’ve been through a divorce, you most likely know how emotionally stressful the process can be. To make matters worse, this emotional stress is usually compounded by financial burdens associated with divorce. Unfortunately, when a couple has children together, their divorce takes on a whole other dimension, as there is another person whose emotional, and, indirectly, financial well-being is at stake.
If your former spouse was granted sole custody of your child, you are most likely very worried about how you can play a role in your child’s life. Fortunately, you are not out of luck. You may arrange for visitation, or parenting time, with your child. If this sounds like something that may work for you, here are some of the questions you may have regarding your legal options going forward:
What is an order for visitation?
Visitation orders give certain family members, such as grandparents, siblings, and parents the right to be a part of their loved one’s life, even if they are a noncustodial parent. However, the courts’ primary concern is the child, and whether or not your relationship with the child is a positive one that will benefit the child in some way. Whether you are a parent, sibling, or grandparent, you must first prove that your intentions are genuine and that you are willing to have an open, consistent, honest, and positive relationship with the child if you wish to be granted an order for visitation.
How will the court decide on child visitation terms?
The court will consider several things when deciding on your application, including, but not limited to:
- The applicant’s history with the child
- Whether or not the applicant poses and sort of a risk to the child
- The applicant’s good faith
- The relationship between the guardian or parent and the applicant
- The time that has passed since the last contact with the child
- The impact of these rights on the relationship between the child and his or her parent or guardian
- The bond shared between the child and the applicant
- Any other factor the court deems relevant
Contact our experienced and compassionate New Jersey 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.