How Does Child Visitation Work in the State of New Jersey?

If you are going through the divorce process, you are most likely facing the emotional and physical stress that often ensues. If you have children, the divorce process may become even more complicated. If you are a divorced parent and were not granted sole custody of your child, then it is extremely important you know your visitation rights so you can continue to keep the bond you have.

What is sole custody?

Generally, when a couple who has children gets divorced, they will work out some sort of a joint custody agreement. In doing so, they limit the emotional impact the divorce may have on their child. However, if a court deems either you or your spouse unfit to be a parent, the opposite spouse will be granted sole custody. Still, it is important you know that if your spouse was granted sole custody, this does not mean you will never see your child again. The state of New Jersey will continue to give you chances to prove yourself to the court, and through a supervised or unsupervised visitation structure, you may continue to see your child. 

What is a visitation order?

While parents inherently have visitation rights, other family members do not. If a custodial parent will not allow access, grandparents and siblings may be required to submit an application for visitation first. If the application is approved, the custodial parent must grant access to the child and will have to follow a visitation structure. 

What is mediation?

If possible, your family should have an open discussion from the very beginning. Mediators help families address concerns such as parent visitation or grandparent and sibling visitation. Essentially, a mediator will neutrally listen to everybody’s wishes regarding child visitation. From there, he or she will draft a decision that will hopefully work for all parties involved. The goal is that by hiring a mediator, your family may be able to solve all visitation issues outside of court. This will most likely save time, money, and emotional hardship for all. Children very often get stuck in the middle of the divorce process, and this can have a huge impact on their lives. This is why you must do your best to conduct yourselves in the most civil manner possible, despite the emotional pain of the situation. Many families choose hiring mediators due to their well-known effectiveness in mitigating the pain of the divorce process.

Contact our New Jersey firm

The Law Office of Toby Grabelle, LLC is a family and divorce law firm serving Monmouth County and all of New Jersey that would be happy to assist you in legal counsel. If you need quality legal services, contact the firm for a consultation.