New Brunswick Parenting Time Lawyer
In many New Jersey divorce matters, one parent is granted primary physical custody. The parent with primary physical custody is the custodial parent. The other parent is called the non-custodial parent. In most divorces, the non-custodial parent has rights to visitation, known as parenting time in New Jersey. Reaching a parenting time agreement is not necessarily easy, which is why you need a skilled New Brunswick parenting time lawyer on your side. New Jersey family law attorney Katherine K. Wagner has nearly 30 years of experience in helping clients just like you retain their parental rights.
Parenting Time and New Jersey Law
Depending on your circumstances and the terms of your separation or divorce, New Jersey law recognizes two main types of parenting time. The first and most common is unsupervised parenting time. In this situation, a child can stay with the non-custodial parent for a scheduled amount of time without needing someone else to be present. This visitation typically takes place over weeknights, weekends, or holidays. Unsupervised parenting time is the preferred structure as it feels most familiar for your children.
The other type of parenting time is unsupervised. This type is the utilized method when a parent cannot be trusted to be alone with the child for any reason or could be deemed a potential threat. When there is supervised parenting time awarded, the court will usually appoint a social worker or another third party to be present during the visits. The scheduled and supervised visits can take place at a specific location or one of the parent’s homes. In some cases, virtual visitation will be used with services like Facetime or Skype.
When Will the Court Revoke Parenting Time?
Custodial parents cannot deny a non-custodial parent the right to see their child if there is a parenting time in place. That applies even if the non-custodial parent is behind on paying child support or alimony. If the non-custodial parent is behind on payments or doesn’t follow the parenting time agreement, you could petition the court. There are also other reasons the court may revoke parenting time. Examples include incarceration, mental illness, history of domestic abuse, alcohol or drug abuse, or no desire to have any further contact with their child.
If parenting time has been denied or revoked, the non-custodial parent could petition the court to have their rights restored at some point. The court may suggest a reunification plan that the non-custodial parent must follow before getting their rights back. This plan would require them to demonstrate their fitness to be a parent again. The court might require the non-custodial parent to partake in parenting classes, alcohol or drug rehabilitation, seek medical treatment, go through reunification therapy, anger management courts, or more.
Once they have completed everything on the plan and show they can adequately take care of their child, the court will restore their rights.
Contact a New Brunswick Parenting Time Lawyer
It doesn’t matter whether you are a parent trying to keep your parental rights or the non-custodial parent trying to reinstate yours. You are entitled to professional and skilled legal representation. Please contact Katherine K. Wagner, Attorney at Law today, to schedule an initial consultation. Let us help you protect your family and your parental rights.