Understanding Your Visitation Rights In New Jersey

New Jersey’s Family Court encourages both parents of a child to continue to share in the responsibility of caring for them even after a divorce or separation. This is accomplished through child visitation, which the State calls “parenting time.”

Simply put, parenting time is the time that a non-custodial parent spends with their child. The timing and location of parenting time is laid out by a child visitation schedule, a core component of any child custody arrangement.

Consistent, equitable visitation schedules help reduce co-parents’ conflict by creating clear expectations and responsibilities for each parent. Visitation schedules also help children feel more secure after their parents separate by creating a predictable day-to-day routine. 

But while most parents can agree on the value of a fair parenting plan, understanding your visitation rights can be confusing and stressful. After all, they directly impact your relationship with your child. Let’s review what you need to know. 

What are your child visitation rights in New Jersey? 

As a parent, you are not automatically entitled to a certain amount of child visitation or parenting time. Every family is different, so court-ordered visitation schedules vary on a case-by-case basis. For example, your visitation schedule might include visits during: 

• Daytime
• Evenings 
• Overnights 
• Weekends 
• School breaks 

To protect children’s best interest and encourage healthy co-parenting, New Jersey courts have strict rules about child visitation that apply no matter when parenting time takes place.

YOU CAN:	YOU CANNOT:
Stay in touch with your child	Persistently call your co-parent to speak to your child
Enjoy parenting time with your child as stated in your visitation schedule	Show up to your ex’s home uninvited and/or demand to see your child
File a motion requesting that the court enforce your visitation schedule and impose penalties on the other parent for withholding visitation	Withhold child support in an effort to pressure the other parent into following the visitation schedule
Encourage your child to develop a healthy relationship with their other parent	Directly or indirectly discourage your child from spending time with them

What role does sole custody play in visitation rights?

In New Jersey, both physical and legal custody can be “joint” or “sole.” It is common for New Jersey courts to award one parent sole or primary residential custody of the child, while the parents share joint legal custody of the child. 

Legal custody 

Legal custody affects major decisions about a child’s health, education, safety, and welfare. For example, parents with legal custody may decide where a child goes to school.

Joint legal custody 

Joint legal custody is the more common arrangement. It grants both parents a say in all major decisions affecting the child. If you share joint legal custody, you and your co-parent must mutually agree on where your child goes to school. Day-to-day decisions like a child’s meals or bedtime are up to whichever parent is with the child at the time. 

Sole legal custody 

Sole legal custody grants one parent the right to make major decisions about a child without consulting the other parent. Borrowing from the example above, if a parent has sole legal custody, they could make the final decision about the school their child attends. Usually, sole legal custody is awarded when one parent is unfit to make decisions in the child’s best interest.  

Residential custody (physical custody)

Residential custody, also known as physical custody, refers to where a child spends their time. The parent who spends most of the time with a child is called the custodial parent. The parent who spends less time with the child is considered the non-custodial parent. 

Sole residential (physical) custody 

When a parent has sole residential custody, that parent’s home is the child’s primary residence. The child may spend two nights or less per week with the non-custodial parent.

Joint residential (physical) custody

Truly 50/50 joint residential custody is uncommon because frequently switching homes can be stressful, especially for young children. Instead, one parent will usually have a larger share of time than the other, while the other is entitled to a specific amount of parenting time. 

Does a parent with sole legal or residential custody have the power to deny visitation rights? 

Custodial parents sometimes think that sole custody automatically grants them the right to withhold child visitation or parenting time. It does not. 

A parent with sole custody must follow the visitation schedule established by the court. 

Denying child visitation without a court order violates the non-custodial parent’s visitation rights. What’s more, withholding parenting time is not in the best interests of the child.

Do situations of “unfit parents” impact visitation rights?

In extreme situations, the judge may order supervised child visitation or deny it altogether because one parent is unfit. 

While there is no single criteria that renders a parent unfit, New Jersey courts may rule a parent unfit if they have demonstrated: 

• A history of drug or alcohol abuse
• Incarceration or significant criminal history 
• Past violent or abusive behavior 
• Past instances of neglect, abandonment, or another form of child endangerment 

Can non-custodial parents go through mediation?

Mediation is a confidential process in which a neutral third party helps parents reach an agreement about their custody and visitation arrangement.

Parents often participate in mediation before a child custody arrangement is created. However, either parent can also request mediation to resolve conflicts about a visitation schedule already in place.

Agreements reached during mediation sessions are not legally binding. However, mediation can be used to create a Consent Order, which becomes legally binding once it has been signed by both parents, both attorneys, and the judge. 

Visitation rights for grandparents

The bond between grandparents and grandchildren can be truly special. If your adult child is experiencing a divorce or separation, you may be concerned about how much time you’ll be able to spend with your grandchild afterward. 

New Jersey law does not automatically grant grandparents the right to see their grandchildren. 

However, you can request court-ordered visitation with your grandchild at any time. For your request to be granted, you must prove that denying such court-ordered visitation would be harmful to your grandchild. 

You can trust Dughi, Hewit & Domalewski to defend your visitation rights

At Dughi, Hewit & Domalewski, we believe that parenting time is about more than your visitation rights. It’s about your child’s rights, too. 

If your co-parent refuses to comply with a court-ordered custody and visitation arrangement, contact us. 

Our dedicated family law attorneys will walk you through all available options to protect your visitation rights and—the most important consideration in any custody and visitation conflict—your child’s best interest.