How is Child Visitation Determined in a New Jersey Divorce?

In New Jersey, child visitation is allowed for non-custodial parents where there has been a history of habits or behaviors that may put the child at risk. Both parents are obligated to comply with a court order of visitation or face certain penalties. In addition to parents, grandparents and siblings have visitation rights.

2A:12-7. Legislative findings and declarations

The Legislature finds and declares that:

a. In the area of child visitation a court often orders supervised visitation where there has been a history of child abuse, medical disabilities, psychiatric problems or other situations where the safety and welfare of the child may be jeopardized.

b. Often court ordered supervised visitation never occurs due to the inability to locate volunteers willing to be present during the visitation and a facility in which the visitation may take place.

c. The inability of a parent or guardian to spend time with a child poses serious psychological problems to both the parent and the child and prevents the growth of a normal, healthy relationship.

d. The purpose of this act is to facilitate supervised visitation by making the facilities and members of local community organizations available to assist in court ordered supervised visitation.

2A:34-23.3 Available remedies for non-compliance.

2. A judge who sanctions a party for failure to comply with an order of visitation shall have these remedies available:

a. The awarding of counsel fees of the aggrieved party against the party who violated the terms of the order;

b. Community service;

c. The awarding of compensatory time for the time with the child for which the party was deprived;

d. The awarding of monetary compensation for additional costs incurred when a parent fails to appear for scheduled visitation; and

e. Other economic sanctions which may be decided on a case-by-case basis.

9:2-7.1. Visitation rights for grandparents, siblings

1.a. A grandparent or any sibling of a child residing in this State may make application before the Superior Court, in accordance with the Rules of Court, for an order for visitation. It shall be the burden of the applicant to prove by a preponderance of the evidence that the granting of visitation is in the best interests of the child.

b. In making a determination on an application filed pursuant to this section, the court shall consider the following factors:

(1) The relationship between the child and the applicant;

(2) The relationship between each of the child's parents or the person with whom the child is residing and the applicant;

   (3) The time which has elapsed since the child last had contact with the applicant;

   (4) The effect that such visitation will have on the relationship between the child and the child's parents or the person with whom the child is residing;

   (5) If the parents are divorced or separated, the time sharing arrangement which exists between the parents with regard to the child;

   (6) The good faith of the applicant in filing the application;

   (7) Any history of physical, emotional or sexual abuse or neglect by the applicant; and

   (8) Any other factor relevant to the best interests of the child.

c. With regard to any application made pursuant to this section, it shall be prima facie evidence that visitation is in the child's best interest if the applicant had, in the past, been a full-time caretaker for the child.

Talk with an Attorney

If you have an issue regarding child visitation in New Jersey, you can make an application to the court to create or modify a child visitation determination. The court recognizes the child's psychological need to spend time with both parents and seeks to remedy any issues. Talk with an experienced family law attorney to discuss your case.

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