3 Types of Visitation
There are 3 types of visitation recognized by New Jersey state law. Visitation rights are only denied in extreme situations in which one parent poses a significant threat to the child’s safety. Otherwise, the court will determine what type of visitation schedule is best suited for the child’s needs. Here is some information on the 3 types of visitation.
3 Types of Visitation | Reasonable
Under reasonable visitation, there is no set schedule for the parents. Instead, they agree to split parenting time based on what is most rational. The court will accept any visitation agreement signed by both parents as long as it is in the best interest of the child involved. The best visitation schedule will be the one that best meets your child’s needs.
3 Types of Visitation | Fixed
Fixed visitation means that a fixed schedule is set in place to determine how parenting time will be split. Usually this occurs when one parent has full physical custody of the child and an agreement regarding visitation cannot be reached. The court will determine what type of schedule works best for the child. In this case, the noncustodial parent is only granted visitation on specific days for a fixed amount of time.
Parents can work with an attorney to negotiate a visitation schedule that is most appropriate. This will include what days of the week (and for how long) the noncustodial parent can have time with their child, while also covering plans for holidays and extended vacations.
3 Types of Visitation | Supervised
Because New Jersey laws protect a parent’s right to be a part of their child’s life, visitation can be granted even when issues of mental health and domestic abuse are present. Instances like this call for supervised visitation. This is a fixed parenting time for the noncustodial parent that is overseen by a third party in a neutral, safe environment.
Commonly, the third-party supervisor is a trained volunteer who is part of New Jersey’s Supervised Visitation Program. A close friend or family member can also be appointed. The goal of supervised visitation is to re-establish a loving, nurturing relationship between the child and noncustodial parent.
Several factors can result in court-ordered supervised visitation. These include but are not limited to: a history of substance abuse, mental health issues, recklessness, and domestic violence. However, you must still prove to the court that supervised visitation is necessary. A risk assessment can also be requested, in which the court will review what type of visitation schedule is best for the child. In situations like this, it is best to consult with an experienced New Jersey visitation lawyer who can mediate a peaceful negotiation.
If you are having difficulty with complex child custody and parenting time negotiations, please contact an experienced and compassionate New Jersey visitation lawyer today. We offer a free initial consultation.