New Jersey Child Visitation Laws

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.

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, 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.

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.

Types of Custody Arrangements

In New Jersey, child custody arrangements typically fall into two categories: legal custody and physical custody.

Legal custody refers to the right and responsibility to make important decisions about the child’s upbringing. This includes the child’s 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).

Physical custody 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.

Overview of New Jersey Child Visitation Laws and Procedures

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.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Research the Law

• Official State Codes
• New Jersey Statutes and Constitution

New Jersey Child Visitation Laws: Related Resources

• New Jersey Child Custody Laws
• New Jersey Child Custody Forms and Process
• New Jersey Divorce Laws
• New Jersey Child Support Calculations
• New Jersey Child Support Modifications

Seeking Visitation With Your Child? A Family Law Attorney Can Help

Divorce and separation can be tough on parents, but is especially difficult for children. Child visitation plans allow minor children to spend adequate time with both parents, but require a legal process. Get legal advice today from an experienced New Jersey child custody attorney near you.