What Happens if I Deny Court-Ordered Visitation?

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Even if you received primary custody over your child in your divorce settlement agreement, the New Jersey family court may have still awarded visitation rights to your former spouse. You must know that there are serious consequences if you go against these orders. Follow along to find out what happens if you deny sending your child to court-ordered visitation and how one of the proficient New Jersey child visitation attorneys at Haber, Silver, Simpson & Russoniello can offer some advice.

How does the New Jersey court determine visitation?

Similar to custody judgments, the New Jersey family court will look at varying factors when it comes to visitation judgments. Some examples include the following:

  • The non-custodial parent’s relationship history and bond with the child.
  • The non-custodial parent’s good faith and reasoning for wanting visitation.
  • The non-custodial parent’s potential risks they may pose to the child.
  • The amount of time that has passed since the non-custodial parent has been in contact with the child.
  • The relationship between the non-custodial parent and the custodial parent.
  • The impact visitation will have on the relationship between the child and the custodial parent.
  • The custody agreement that has already been established.

What if I deny sending my child to court-ordered visitation?

You may be hesitant about sending your child to court-ordered visitation. For example, you may believe that you are putting them in harm’s way. And in emergency situations such as these, you must get law enforcement and child custody services involved.

However, one thing that you must not do is go against the court-ordered visitation for no good reason. According to New Jersey law, a child’s positive relationships with certain family members (i.e., non-custodial parents) should continue even after a divorce, regardless of the objection of a custodial parent. This is because the state believes that the child benefits from maintaining relationships with both parents.

And so, if you deny your court-ordered visitation, this may prompt your former spouse to bring this violation forward to the New Jersey family court. Or, they may even file a petition for a post-judgment modification. And in the worst-case scenario, you may lose your grant of primary custody over your child.

So, the takeaway is that you should not let the emotions between you and your spouse get in the way of your following through with your court order. Only if there is proof of a dangerous situation should you intervene. And with this, you should also retain the services of one of the talented New Jersey child custody attorneys. After hearing your case, we will know exactly what action you should take for your child’s best interest. We looking forward to speaking with you.