The first place to secure visitation rights is during the negotiations leading up to your final divorce decree. If you are not going to have primary physical custody, then you are going to want to maximize the amount of time you can spend with your children.
Even if you are going to be the primary care provider, and the kids will be with you most of the time, getting a clear understanding of when your ex can visit is one of the most important parts of the process of your divorce
Related Topic: Who Gets Child Custody in NJ?
After the Divorce is Final
If your ex is denying you visitation with your child, you should seek the counsel of a family lawyer (we are in Bergen County) as soon as possible. In the State of New Jersey, a parent has a constitutional right to see their kids. Before any parent can be denied visitation, it has to be proven that visitation is harmful to the child, and that there is no other way to protect them other than ending visitation.
Despite this truth, sometimes one parent won’t comply with visitation. Visitation schedules are court-ordered and enforced, so any decision to go against the court order and refuse visitation can result in fines and other penalties. In addition, refusing to grant court ordered visitation will not look good for that parent in a family law court.
No matter what happened that ended your marriage, you want to make the future the best you can for your kids. They have a right to see both their parents. If your ex spouse is interfering with your visitation or contact with your kids, and is unwilling to back down and do what is legally correct, you need to talk to an attorney.
When you visit with us, we are going to attempt to gently persuade your ex to provide the visitation ordered by the court. If there is an unwillingness to do the right thing, we will take every possible legal step to get you the results you seek.
The highly qualified Bergen County divorce lawyers at Aretsky & Aretsky provide experienced, caring, and aggressive representation in the areas of Divorce, Criminal Defense, Employment Law and Personal Injury with offices in: Bergen County, Hackensack, Ridgewood, Mahwah, Fort Lee.