New Jersey Child Visitation Laws

Statutes

New Jersey Statutes:

• Title 9, Section 2-4, et seq. (custody and visitation)
• Title 2A, Section 12-7, et seq. (supervised visitation program)
• Title 2C, Section 13-4 (interference with custody and/or visitation)

Factors Considered When Determining Parenting Time

New Jersey courts order (or approve) visitation schedules on what it considers the best interests of the child, based the following factors are taken into account:

• Parents' willingness to communicate and cooperate with respect to parenting issues;
• Whether there is a history of reluctance to allow parenting time (unless there are legitimate concerns, such as abuse);
• Child's relationship with their parents and siblings;
• Whether there is a history of domestic violence;
• The child's preference (if the court deems them mature enough to make this decision);
• Stability of the parents' residences;
• Child's educational needs;
• Proximity of the parents (i.e. time and expense of transportation between the two parents);
• Frequency and quality of time spent with each parent (before and after the separation);
• Employment responsibilities of each parent;
• Any other relevant factors.

Visitation Schedules

Parents are strongly encouraged to work out their own visitation schedule (subject to court approval) that is reasonable for all parties involved.

Specific parenting time guidelines are not provided by the courts, but common schedules provide for visitation with the non-custodial parent every other weekend plus one night of the week.

Supervised Visitation

Courts may order supervised visitation 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).

• Supervised visitation occurs in a neutral setting, free from interference by the custodial parent or other interested parties, but under the watch of third party volunteers.
• Supervised Visitation Directory - Directory of approved supervised visitation providers (organizations and individuals) in New Jersey.

Visitation Interference

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.

• Sanctions generally include monetary fines.
• If the court determines that the interference is a significant problem, it may transfer custody to parent being denied visitation or revoke the non-custodial parent's visitation rights, depending on the situation (however, this is generally reserved for extraordinary cases).