Child Visitation

Shrewsbury Child Visitation Attorney

Young mom with her babiesProtecting the familial rights of New Jersey clients

Divorce can be a painful process. When children are impacted by the divorce process, it can become too much for the family to bear. New Jersey courts will always act in the best interests of the child and when familial issues are addressed in court, the judge will first consider what is best for the child. New Jersey courts will address the home life of the child over the course of the case, regardless of any agreed parenting structure. Sometimes, one parent is deemed unfit by the court and the other party is awarded sole legal and physical custody of the child. Those cases bring up a lot of pertinent issues related to child visitation. Though a parent may be unfit to be a guardian, he or she still has the right to be a part of the child’s life. Other times, a grandparent or sibling might want access to a child even though they no longer have a relationship with the custodial parent. Child visitation rights are a growing issue for families and The Law Office of Toby Grabelle, LLC is here to assist New Jersey clients through the process.

Sole custody complicates child visitation

In most divorce cases, parents have some type of joint custody and parenting arrangement that continues the child’s quality of life and minimally disrupts the positive familial relationships that benefit the child. Unfortunately, some parents have problems. When a parent is a danger to a child, the court may decide to deem him or her unfit to be a guardian. At this point, the “custodial” parent has physical and legal custody of the child, leaving the other parent with limited rights. Even though one parent has sole custody, New Jersey believes that the other parent should have an ongoing opportunity to prove themselves to the court. Through a supervised or unsupervised visitation structure, a parent who has lost parental rights can continue to be a part of his or her child’s life.

Visitation order

Acting in the best interests of the child, New Jersey courts believe that established positive relationships should continue through a divorce and beyond. A parent, inherently, has visitation rights. When other family members want access to a child, it can become complicated. When grandparents and siblings want to be a continuing part of a child’s life, they may have to ask the court for assistance. An application for visitation can be drafted and filed with the court in cases where a custodial parent won’t allow access. If the application is successful, the judge will order the custodial parent to allow access and follow a visitation structure.

Mediation and child visitation

In fortunate cases, parents will work together to address visitation issues. Whether one parent has sole custody or grandparents and siblings are requesting access, the best possibility for families is an open discussion about the child’s future. Through mediation, a family can address issues like parent visitation, grandparent and sibling visitation, and any concerns related to people who may have access to the child, including an ex’s significant other. Mediation is a great way for families to address all visitation issues outside of court, modeling positive dispute resolution methods, and saving time and money for all involved.

Contact a Monmouth County law firm with your best interests in mind

The Law Office of Toby Grabelle, LLC understands the importance of positive familial relationships in a child’s life. Our compassionate firm has advocated for parents, siblings, and grandparents that need assistance establishing a child visitation structure through the legal system. Toby Grabelle, Esq. will work tirelessly to resolve your legal matter. If you need a dedicated firm to protect your interests, contact The Law Office of Toby Grabelle, LLC.