If you are a non-custodial parent, you may be looking into how to apply for visitation, now referred to as parenting time, with your child. Continue reading and reach out to our experienced Bergen County family lawyers to learn the potential outcomes of a parenting time application. Here are some of the questions you may have:
What is sole custody?
When one parent is deemed unfit to parent and cannot be trusted to ensure the safety of their child, New Jersey courts will grant sole custody to the other parent, which will give them legal and physical custody of their child. Additionally, this makes them the sole decision-maker regarding all issues affecting the child’s physical, emotional and mental wellbeing.
If your spouse has been recently awarded sole custody of the child you share together, you may be wondering about your options for visitation. It is important to understand that non-custodial parents still maintain the right to apply for scheduled visits with their children. To be awarded visitation, the parent will have to prove that they will be able to provide a stable and consistent relationship with their child.
What do New Jersey courts consider when determining visitation/parenting time?
New Jersey courts will first and foremost always consider the best interest of the child when determining a parenting time schedule. Courts will also consider the following factors when making a decision regarding a visitation application:
- The applicant’s history or bond shared with the child
- The applicant’s good faith reasons for applying for parenting time
- If the applicant poses any sort of a risk to the child
- The relationship between the child’s other guardian or parent and the applicant
- The impact of additional parenting time on the relationship between the child and their parent or guardian
- The time that has passed since the applicant’s last contact with the child and the reasoning behind their application
What are the potential outcomes of a visitation application?
There are multiple potential outcomes when a parent submits an application for parenting time. The first outcome is, unfortunately, that their application is denied by the courts if they do not believe it is in the child’s interest to spend time with the parent at this time. The second is that the court could grant the parent supervised visitation. The third and most favorable outcome is that the court grants unsupervised parenting time. Unsupervised parenting time will be awarded to parents who can prove that they are capable of providing the child with a safe, healthy environment and a positive parental relationship.
Contact our experienced New Jersey firm
We understand how confusing certain legal issues can be, which is why we are dedicated to providing individuals with the compassionate and knowledgeable legal representation they deserve. Aronsohn, Weiner, Salerno & Kaufman has helped clients with various difficult legal challenges for over 40 years. We know we have the experience needed to do the same for you. For experienced legal counsel regarding family law, litigation, business law, real estate, and criminal law, you know where to turn–contact Aronsohn, Weiner, Salerno & Kaufman today to schedule a consultation.