{"id":374981,"date":"2019-05-20T14:33:08","date_gmt":"2019-05-20T19:33:08","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-jersey-law\/new-jersey-child-visitation-laws.html"},"modified":"2025-05-20T16:05:27","modified_gmt":"2025-05-20T21:05:27","slug":"new-jersey-child-visitation-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-jersey-law\/new-jersey-child-visitation-laws.html","title":{"rendered":"New Jersey Child Visitation Laws"},"content":{"rendered":"\n
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New Jersey Child Visitation Laws<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

New Jersey child visitation laws, known as "parenting time," ensure non-custodial parents can maintain relationships with their children post-divorce, prioritizing the child’s best interests. Visitation plans, often granting the non-custodial parent time every other weekend, are determined by factors like parental cooperation, domestic violence history, and child preference.<\/h3>\r\n

When families are torn apart by divorce, children typically benefit from spending time with both parents whenever possible. New Jersey has laws and processes in place for place for visitation<\/a>, which the courts refer to as "parenting time." The state constitution protects non-custodial parents’ right to visit their children. Child visitation is essential for maintaining the bonds between the non-custodial parent and their child, as long as it’s in the best interests of the child.<\/p>\r\n

In the Garden State, divorced or unmarried parents of minors are referred to as the "parent of primary residence" (custodial parent) and the "parent of alternate residence" (non-custodial parent). Visitation plans vary, but courts lean toward plans that allow frequent contact of both parents with the child. As with custody, visitation is ordered (or agreed to by the parents) in a way that serves the child’s best interests<\/a>.<\/p>\r\n

Types of Custody Arrangements<\/b><\/h2>\r\n

In New Jersey, child custody arrangements typically fall into two categories: legal custody and physical custody.<\/p>\r\n

Legal custody<\/b> refers to the right and responsibility to make important decisions about the child’s upbringing. This includes the child\u2019s education, healthcare, and religious upbringing. Legal custody can be awarded solely to one parent (sole legal custody) or shared by both parents (joint legal custody).<\/p>\r\n

Physical custody<\/b> concerns where the child lives on a day-to-day basis. It can also be awarded solely to one parent (sole physical custody) or shared between both parents (joint physical custody). In cases where one parent has physical custody, the non-custodial parent usually has visitation rights.<\/p>\r\n

Overview of New Jersey Child Visitation Laws and Procedures<\/b><\/h2>\r\n

You’ll do what it takes to make sure you and your child have time together. However, reading the dense language of state codes may not necessarily be your strong suit. That is why we’ve provided the following summary of New Jersey’s visitation laws and processes in the table below.<\/p>\r\n\r\n

New Jersey Child Visitation Statutes<\/b><\/p>\r\n<\/th>\r\n

New Jersey Statutes:<\/p>\r\n

Factors Considered When Determining Parenting Time in New Jersey<\/b><\/p>\r\n<\/th>\r\n

New Jersey courts order (or approve) visitation schedules based on what they consider the best interests of the child, focusing on the following factors:<\/p>\r\n

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  • Parents’ willingness to communicate and cooperate with respect to parenting issues<\/li>\r\n
  • Whether there is a history of reluctance to allow parenting time (unless there are legitimate concerns, such as abuse)<\/li>\r\n
  • A child’s relationship with their parents and siblings<\/li>\r\n
  • Whether there is a history of domestic violence<\/li>\r\n
  • The child’s preference (if the court deems them mature enough to make this decision)<\/li>\r\n
  • Stability of the parents’ home<\/li>\r\n
  • Child’s educational needs<\/li>\r\n
  • Proximity of the parents (i.e., time and expense of transportation between the two parents)<\/li>\r\n
  • Frequency and quality of time spent with each parent (before and after the separation)<\/li>\r\n
  • Employment responsibilities of each parent<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Child Visitation Schedules in New Jersey<\/b><\/p>\r\n<\/th>\r\n

Parents are strongly encouraged to work out a visitation schedule (subject to court approval) that is reasonable for all parties involved.<\/p>\r\n

The court does not provide specific parenting time guidelines, but common schedules provide for visitation with the non-custodial parent every other weekend plus one night of the week.<\/p>\r\n<\/td>\r\n<\/tr>

Supervised Visitation in New Jersey<\/b><\/p>\r\n<\/th>\r\n

Courts may order supervised visitation<\/a> with non-custodial parents who have a history of child abuse or other issues that may present risks to the child (assuming they are awarded visitation at all):<\/p>\r\n

Visitation Interference in New Jersey<\/b><\/p>\r\n<\/th>\r\n

When a parent fails or refuses to follow a visitation schedule (including those agreed to by the parents and approved by the court), they have violated a court order. New Jersey courts typically impose sanctions only if this becomes a pattern.<\/p>\r\n