If your former spouse has been granted sole custody of the child you share together, you may be seeking information regarding parenting time. Continue reading to learn how parenting time is determined in New Jersey. If you have any further questions regarding parenting time, contact The Law Offices of Katherine K. Wagner today.

What is sole custody?

If a New Jersey court is given reason to believe that a former spouse is unfit to perform their parental duties, the court may grant the other parent sole custody. The parent with sole custody will have both legal and residential custody. New Jersey may offer parenting time to the parent who does not hold sole custody. This spouse will have to apply for a parenting time schedule if they can demonstrate their ability to have a consistent and positive relationship with their child.

How will New Jersey courts determine parenting time?

New Jersey courts will determine parenting time by considering the following factors:

• Will the child be safe in the care of the non-custodial parent
• Does the non-custodial parent have an alcohol or drug problem
• Has the non-custodial parent been convicted of domestic abuse
• Is the non-custodial parent capable of taking care of their child’s special needs
• Can the non-custodial parent care for the child’s emotional needs
• What is the child’s preference if they are old enough and have the necessary knowledge to make a decision
• What is the relationship between the non-custodial parent and the child
• How convenient for the child is the parenting-time schedule
• How convenient for the child is the location for parenting time
• What is the overall fitness of the non-custodial parent

New Jersey courts will always keep the child’s best interest as the basis for their decision regarding parenting time.

Are there different types of parenting time?

There are three potential outcomes when a parent applies for parenting time in New Jersey.

First, the application may be denied if the court determines it is in the child’s best interest to not spend time with the parent.
Second, the court may grant the parent a supervised schedule of parenting time. This may occur if the parent is known for having issues in the past, such as a drug or alcohol addiction. Please note that, if the supervised parenting time goes well and there is no harm to the child, the non-custodial parent may be granted unsupervised or longer periods of time with the child.

Lastly, the court may grant the parent unsupervised parenting time when the parent is capable of providing their child with a safe and healthy environment.

Contact the Law Offices of Katherine K. Wagner

Do not face complex divorce and family law matters alone. With over 25 years of experience, the Law Offices of Katherine K. Wagner is dedicated to providing you with the knowledge and skill your case deserves. We will fight to protect your rights, your financial security, and your children. Contact the Law Offices of Katherine K. Wagner today for a consultation.