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Visitation arrangements, established as part of a child custody determination, allow the non-custodial parent to spend with their child or children. Various factors can affect visitation arrangements in New Jersey, including the child’s age and preferences, the parents’ work schedules, the distance between households, and any history of parental involvement with the child.
Understanding your rights and seeking appropriate legal support is paramount when dealing with visitation issues in New Jersey and making adjustments to visitation agreements. By working with a knowledgeable family law attorney at Rosenblum, you can navigate the complexities of the legal system, enforce your visitation rights, and protect your child’s best interests after a divorce.
Grounds for Adjusting Visitation Schedules
In New Jersey, to successfully modify a visitation order, there needs to be evidence of a substantial change in circumstances warranting the modification. In addition, the requested modification needs to be in the best interests of the child.
Common situations that can be considered substantial changes in circumstance include:
- The relocation of a parent
- A significant change in a parent’s work schedule (e.g., working nights or weekends)
- A change in the child’s educational needs
- One parent’s refusal to facilitate the other parent’s relationship and parenting time with the child
- Evidence of child abuse in one of the households
- Evidence of alcohol or drug abuse
Additionally, a New Jersey court may consider each parent’s ability to provide a stable, nurturing environment.
Regardless of the grounds for changing visitation, they need to be articulated well with supporting documentation and filed with a New Jersey family court to have a legal basis to seek the visitation adjustment. An attorney is vital to ensuring the grounds for visitation agreements are well established and argued.
The Process for Adjusting Visitation
The process for adjusting visitation can vary depending on how the adjustment is pursued. For example, a new visitation agreement can be drawn up between the parents.
However, the new visitation agreement will need to be filed with a New Jersey family court for approval. Simply coming to an agreement about a change with the other parent is insufficient. If the other parent objects to the requested visitation adjustment or refuses to negotiate, it may be necessary to seek resolution through mediation.
If the parties still disagree after mediation, it may be necessary to file a formal adjustment request with a New Jersey family court. In this case, a judge will typically schedule a hearing so both parents can present documents and make arguments in favor of or against the requested visitation modification.
In any case, someone is more likely to succeed in getting the adjustments they want if they hire an attorney to draft the new visitation agreement, negotiate with the other party, and represent them at a hearing if one is scheduled.
After the hearing, the judge will either modify the original visitation agreement or keep it in place if the court does not think a change is needed.
Challenges and How to Overcome Them
There are a number of potential obstacles that may arise during the visitation adjustment process. A common obstacle encountered by many parents is simply compiling the necessary evidence and documentation to support the request and file it properly with a New Jersey family court.
This obstacle is a big reason why it makes sense to retain the services of an experienced family law attorney in New Jersey. A knowledgeable attorney can help in navigating common challenges effectively.
Another obstacle could be that the other parent refuses to discuss a change in visitation or does not agree to the requested change. In this case, the parties should try to use mediation to settle their dispute and come to a proposed agreement that they can present to the court before filing a formal adjustment request. If mediation is unsuccessful, a skilled attorney can help their client bring their concerns to court through litigation.
Preparing for Your Case
To successfully navigate the visitation adjustment process in New Jersey, it is important to adhere to specific deadlines and provide the necessary documentation.
Typically, once the formal adjustment request is filed with a NJ family court, there are specific timelines within which both parents must exchange supporting documents substantiating the grounds for seeking the visitation adjustment.
Failure to meet these deadlines can result in delays or dismissal of the adjustment request. It is essential to hire an attorney in order to stay organized, understand the timeline requirements, and ensure all relevant documentation is submitted promptly and properly.
Impact of Visitation Adjustments
The impact of a visitation adjustment should be positive and benefit both the parent and child. The overarching objective of a visitation adjustment should be to help maintain and cultivate a positive parent-child relationship through fair visitation arrangements.
How an Attorney Can Assist
Retaining the services of an experienced New Jersey family law attorney is recommended when seeking to adjust a visitation schedule in a NJ family court. A seasoned and knowledgeable NJ family law attorney can provide guidance on navigating the complexities of New Jersey’s legal system.
The attorney can also assist in drafting and filing necessary legal documents and ensure the proposed visitation adjustments are articulated and presented in a manner to show the court that they serve the best interests of the child. This is crucial, as the child’s best interests are paramount.
FAQs
A visitation arrangement can be modified if a substantial change in circumstances has occurred that warrants the adjustment. The visitation adjustment needs to be in the best interests of the child.
Yes. Even if both parents are in agreement and willing to negotiate a new visitation arrangement, the Superior Court needs to be involved. This is because the new visitation arrangement needs to be reviewed and approved before the updated agreement can be finalized.
If parents cannot come to an agreement on an updated parenting time arrangement for submission to the court for official acceptance, a parent can file a motion with the court for the change.
The court will schedule a hearing during which both sides are invited to submit evidence and call on witnesses to support their case. After the hearing, the judge will either grant a modification to the official court order, or the standing order will remain.
Schedule Your Free Attorney Consultation
If you have questions about or need assistance with an adjustment to visitation in New Jersey, contact Rosenblum Law to schedule a no-cost, confidential consultation. Our experienced family law attorneys are here to help guide you through each step of the process for requesting a modification to visitation rights. Our legal team will work tirelessly to help achieve your desired outcome.
Last updated: Jul 31, 2024
