New Jersey Child Visitation Attorneys
Child Visitation Attorneys Located in Morris County
Divorce can be a tumultuous and deeply emotional period for the nuclear family and other family members. For the court, the focus is the best interests of the child. Simply put, whether the couple’s contested issues involve custody or support, mitigating the effects on the child’s life will be a paramount issue. Even when child custody is resolved, there are instances where a noncustodial parent or other family member loses access to a child they love. New Jersey believes, in correlation to the child’s best interests, positive, substantial familial relationships should continue. If you are a family member who needs to explore legal action to gain access to a child once again, contact our firm. Haber Silver & Simpson recognizes the significance of this matter and we work tirelessly to help clients come to the best possible conclusion for their legal matter. Contact our firm to discuss your legal matter.
New Jersey Visitation Orders
Unfortunately, there are many instances when a hostile custodial parent will stop others from seeing a child. According to the state, positive relationships with certain family members should continue, however, even over the objection of a custodial parent, under certain circumstances. As of this writing, New Jersey statutory and case law gives grandparents and siblings the right to ask the Court to provide them with visitation with a child. According to N.J.S.A. 9:2-7.1, the court will take many factors into consideration. The burden of proof is significant and having a blood relationship is not enough to guarantee these rights. Some significant factors include:
- The bond between the applicant and the child
- The amount of time since the last contact
- The effects on the custodial parent if these rights are granted
- The custody arrangement that exists between divorced couples
- The good faith of the applicant
- Any danger to the child posed by the applicant
If the applicant has acted as the primary caregiver for the child, that fact will weigh considerably in favor of visitation being granted, unless the opposing party can prove that the denial of visitation will not be harmful to the child.
While there is no similar statutory right for stepparents, uncles, aunts, and others to seek visitation, such individuals might have the right to seek custody, if their relationship with the child rises to the level of “psychological parent.”
Contact Haber Silver & Simpson
Having a child ripped from your life can be devastating. If you are involved in a divorce or are witness to one as a family member and your access to a child is being denied, contact Haber Silver & Simpson. Our firm will fight for your familial rights, working zealously to help you come to a positive conclusion. Contact Haber Silver & Simpson for a consultation.