Skip to content

When it comes to child visitation rights, New Jersey courts will always make their decisions based on the best interests of the child. If you have questions or concerns about visitation rights, contact our experienced New Jersey family law attorneys at McNerney & McAuliffe today. Our firm is dedicated to ensuring that you and your child’s interests are best protected.

What determines child visitation rights after a divorce in New Jersey?

All families carry their own unique circumstances, which is why New Jersey courts will consider a wide range of factors when determining the amount of visitation time a parent is entitled to. Some of the factors that the court will weigh are:

  • If the parent was convicted of domestic abuse
  • If the parent has a history of drug or alcohol abuse
  • The overall parental fitness
  • The safety and needs of the child (both physical and emotional)
  • The child’s preference if they are old enough to make an informed decision
  • The parent’s location or schedule
  • The current relationship between the parent and child

How can I obtain visitation rights in New Jersey?

If a parent that does not have legal or physical custody would like to receive visitation rights, they must apply for them through the New Jersey court system. The court will always put the child’s best interest first when making these visitation decisions. If the court believes that the child will not have a happy and healthy upbringing with a parent’s visitation, then the court may deny visitation altogether.

If you were denied visitation, it is in your best interest to retain an experienced attorney to fight for your parental rights.

Why might a parent not have visitation rights?

A New Jersey court will always do its best to ensure that both parents are involved and present in their child’s life. However, in some cases, a court may find that one parent may not be able to perform their duties in a way that will be healthy for their child, and will thus award sole custody to one of the parents.

In a sole custody situation, one parent will have both legal and physical custody of the child. This means that the parent will have the child living with them and will also make all of the educational, medical, social, religious, and other important decisions on behalf of their child. Even in these circumstances, a parent may still be able to have visitation rights.


Here at McNerney & McAuliffe, we understand how confusing certain legal matters can be, which is why we are here to provide clients from all walks of life with the experienced, compassionate legal guidance they need. If you require the legal assistance of an attorney to help you through a criminal law matter, personal injury matter, family law matter, or otherwise, you can turn to us. Contact McNerney & McAuliffe today to learn more about what we can do for you.

Read Our Latest Blog Posts

  Can I Collect Compensation for Medical Bills in an Injury Claim?

In the immediate hours following your personal injury accident, you may find yourself in the emergency room, with an overnight…

Read More
  What Does a Prenuptial Agreement Include?

In the unfortunate event of divorce, your established prenuptial agreement may offer you great protections that promote a fair and…

Read More