Establish or Change a Child Visitation Agreement
When a parent does not have physical custody after a separation, he or she may be granted visitation rights to spend time with their child. At Tournour & Weiner of East Brunswick, NJ, our lawyers have helped resolve child visitation disputes fairly and reasonably for more than 15 years. Let us help you defuse a charged situation and reach a child visitation agreement. We can help you navigate the emotionally charged atmosphere of a separation or divorce while protecting your children's best interests. Whether you want to handle your case in court or through mediation, we can assist you every step of the way.
Child Visitation in New Jersey
There are three categories of visitation rights for non-custodial parents in New Jersey:
- Reasonable Visitation: When the custodial and non-custodial parent can communicate amicably and openly, reasonable visits can be agreed upon ad hoc and without legal intervention. Both parents must agree to the visitation times, durations, and locations. In this situation, a schedule does not need to be set in advance.
- Fixed Visitation: In these cases, the days, times, location, and length of the visits must adhere to a schedule. Fixed visitation is often necessary when the custodial and non-custodial parents do not have an amicable relationship.
- Supervised Visitation: For cases in which the non-custodial parent has a history of substance abuse, domestic violence, child abuse, or neglect, supervised visits can ensure safe interaction. A court-appointed third party must be present for all visits. This individual is usually a relative or social worker.
At Tournour & Weiner, we can help you make changes to your visitation plan, and demonstrate to the court that changes to your parenting schedule serve the best interests of the parents and children.
How Is a Visitation Plan Created?
Since both parents play an important role in a child’s life, New Jersey courts prefer frequent contact and shared parental responsibility, and will make sure the non-custodial parent is allotted the maximum time appropriate for the situation.
Factors that play a role in determining a visitation plan may include:
- How well the parents can communicate, cooperate, and work together in the best interests of the child
- How well the parents can accept and cooperate with prior visitation plans or court decisions
- The quality and extent of time spent with the child before and during the separation
- The geographical distance between each parent’s residence and place of employment, as well as the child’s school
- Each parent’s work and domestic responsibilities
- The number of children and relationship between the parents and children
- Whether the parent has a history of child abuse, violence, drug or alcohol abuse, or any other factors that may affect the emotional and physical well-being of the child
- The preferences of the child, and his or her reasons for that preference
- Any special needs of the parent or child
How to Modify Your Visitation Plan
There are a number of reasons why you may need to make changes to your visitation plan. These can include a new home, a new job, or changes in the child’s schedule. When both parents agree to suggest a new custody or visitation plan, a consent order can be drafted to outline the changes. If only one parent wishes to change the custody or visitation plan, a court motion demonstrating a change in circumstances will be needed.
At Tournour & Weiner, we can help you make changes to your visitation plan, and demonstrate to the court that changes to your parenting schedule serve the best interests of the parents and children. Parents may be forced to pay fines for failing to follow a visitation schedule, so it is always in your best interest to consult a family law attorney if you need to make a change.
Contact Tournour & Weiner
We have helped many clients navigate family law in the state of New Jersey. We can help you claim child visitation rights, as well as make changes to your child visitation schedule. Contact our law offices today at 732-418-9777, or visit us online to schedule a consultation.
“I had an excellent experience with Mr. Tournour - He was available for my calls and handled everything to perfection. Had my back in every aspect. I would highly recommend him.” Renee - Client