When it comes to child custody, there is physical custody (i.e., which parent the child spends the majority of their time with) and legal custody (i.e., which parent makes important decisions regarding the child’s upbringing). But there is also the possibility of child visitation. If you have primary custody over your child, continue reading to learn what happens if you violate your court-ordered visitation and how one of the experienced Hudson County child custody attorneys at Greenberg & Walden, LLC can help you navigate this situation.
Why may the New Jersey court grant visitation rights to my former spouse?
Just because the New Jersey court granted you primary custody over your child does not mean that they cannot also grant visitation rights to your former spouse. This is because the state of New Jersey holds the belief that it is usually in the child’s best interest to maintain a relationship with both of their parents, so long as these relationships have proven to be healthy and positive. When granting visitation rights to your former spouse, the court may even decide on a schedule for how frequently these visits should occur, along with a decision on whether they should be supervised or unsupervised visits, among other guidelines.
What considerations does the New Jersey court make for visitation rights?
Your former spouse may have filed a request with the New Jersey family court to receive visitation rights with your child. In cases such as these, the court will consider several factors before making their final judgment. Such factors may include, but may not be limited to, the following:
- Your former spouse’s reasoning for requesting visitation rights.
- Your former spouse’s relationship with your child before your divorce.
- Your former spouse’s current relationship with you.
- Your former spouse’s ability to maintain a safe, stable environment for your child’s visits.
- Your former spouse’s history with substance abuse, domestic violence, incarceration, etc.
- The amount of time that has passed since your former spouse has been with your child.
- The effect visitation rights will have on you and your child.
- The child custody agreement that has already been ordered.
What happens if I violate my New Jersey court-ordered visitation?
Though you may not fully agree with your court-ordered visitation, you must abide by it. If not, your former spouse can bring this violation to the court’s attention, and you may have to suffer the consequences. For one, you are threatening your primary custody rights.
However, if you do not want to send your child to court-ordered visitation because you believe that your former spouse poses a danger, then you must contact law enforcement and child custody services. Also, you should contact one of the skilled Hudson County family law attorneys.