In child custody cases, New Jersey courts will always seek to ensure that children have “frequent and continuing contact with both parents” despite their separation. There are several ways that the court may achieve this, including ordering parenting time or visitation to a non-custodial parent. The court may also permit supervised visitation to enable a non-custodial parent to establish or maintain a relationship with their child in a safe, neutral environment.
For any parent, particularly non-custodial parents, it is imperative to understand New Jersey’s requirements for supervised visitation. The court must have evidence that supervised visitation or parenting time would be warranted in a case to protect the safety of the child. If supervised visitation is sought, both parties should consult with an attorney to determine how their rights and the rights of their child can be protected throughout the process.
Parenting time is defined by the New Jersey courts as the time a non-custodial parent spends with a child when the other parent has sole legal custody. Supervised parenting time is when that time is overseen or monitored by a third party. The court may assign a family member or an unrelated person as the supervising third party.
According to the “Supervised Visitation Program Act,” a court in New Jersey will generally order supervised parenting time in limited circumstances. The court must balance a parent’s right with the potential risk of harm to a child.
Supervised visitation or parenting time is typically ordered if there has been:
Since child custody can be one of the most contentious issues during a divorce or separation, it is imperative that both parties seek legal representation. One of the most common questions for a non-custodial parent is how to get supervised visitation removed. Removing supervised visitation after it has been ordered by a court can only be done through a modification. The request for a post-judgment must be filed through the court. Without a court-ordered modification, parenting time arrangements should not be changed by either party.
The safety and welfare of the child is always the court’s primary concern, but the court will seek to ensure that a person’s constitutional right to parent a child is upheld. In this delicate balancing act, the court will weigh several factors and review evidence to ensure that they are protecting both a parent’s rights and the child from potential harm. Under Title 9, they will consider any history of domestic violence, physical abuse, stability of the home environment, and fitness of each parent.
The court has the authority to either appoint a family member or an unrelated person. It is within the court’s discretion to determine what would be in the best interest of the child. In some cases, the court will assign a supervisor through a third-party supervised visitation provider in NJ.
Under the Supervised Visitation Program Act, a non-family member supervisor may be the county coordinator of the program, a court staff member, a volunteer, or a private agency. The supervisor must serve as a neutral observer who monitors the visitation and only intervenes on behalf of the child.
Supervised visitation or parenting time is usually temporary and gives the non-custodial parent the opportunity to prove to the court that they can protect the safety and well-being of the child. In some instances, the court may agree to partial supervisitation, where some visits are monitored but not all of them. Eventually, through a request for modification, the court may agree to unsupervised parenting time for the non-custodial parent.
The court may place a number of requirements in the supervised visitation order, including the length and duration of the visits, the location where the visitation will occur, and the name of the person who will be monitoring the visit. The court may also set a review date in the order to ensure that the matter is followed up on in a reasonable amount of time.
When determining what requirements to put into a supervised visitation order, the court will look at the full circumstances of the case. For example, the length and duration of the visit may be determined by the child’s age and needs. The court may also state specific rules for how arrival and departure should be handled, particularly if one party has a restraining order against the other party or if there are allegations of domestic abuse.
A visitation schedule may be modified only at a review date set by the court or upon the request of either party. The request for modification is made through an official filing with the court. The court will review the evidence presented in the modification request to determine whether a change to the current parenting time agreement is warranted. The court will generally consider whether there has been a substantial change in circumstances that would justify the modification.
One instance where supervised visitation may be ordered is when a parent has a substance use disorder, such as alcoholism. When it comes to visitation and the alcoholic parent, the court will still try to balance a parent’s constitutional rights with the safety and welfare of the child.
The court will not terminate visitation rights unless there is clear evidence that the non-custodial parent presents a safety risk to the child. A common solution for the courts is to grant supervised parenting time through the Family Court Supervised Visitation Program. This helps to protect the child while enabling the non-custodial parent to maintain a relationship.
To make any changes to a custody order, including removing supervised visitation requirements, a person must show a change in circumstances. Because supervised visitation may only be temporary, the court may set a review date. At the review date hearing, the court will consider any changes or progress that have been made and make a determination about future custody or parenting time arrangements.
No matter what the situation, parenting time arrangements cannot be changed without a modification. If no review date has been set, a parent must file a motion with the court to modify a previously issued order. In the post-judgment motion, a parent must explain why the parenting time modification should be made.
If supervised parenting time has been ordered, any attempt by a non-custodial parent to modify the arrangements without a court-ordered modification may be seen as a violation and could result in serious consequences. It is essential that parents go through the proper court process to seek a modification.
When the court is making a determination about whether to modify an order for supervised parenting time or any other custody arrangements, it will look to whether there has been a change in circumstances that would justify the modification.
Changed circumstances may include the relocation of a parent, improvement in a parent’s circumstances, changes in the child’s needs, changes in the parent’s fitness, changes in family dynamics, or other factors that may affect the child’s safety. The change in circumstances must be genuine and material. For instance, if the non-custodial parent has secured permanent housing or changed their job, it may factor into a court’s decision on whether to modify existing parenting time arrangements.
Supervised parenting time is generally ordered for a specific time period so that the court can review the facts and determine what permanent custody and visitation arrangements would be in the best interests of the child. If an order for supervised visitation is issued and circumstances change, a family law attorney can help guide parents through parenting time modifications in New Jersey.
In domestic violence restraining order cases, the court may take special precautions to ensure the safety of the child is being protected while balancing the right of the non-custodial parent to have a relationship with the child. The court, in its discretion, may order interim parenting time through a court-sponsored visitation site with a court-approved supervisor. The supervisor is generally someone who has received at least five hours of domestic violence training each year.
As part of the order, the court will issue clear instructions for the arrival and departure of a person subject to a restraining order, and the parenting-time site must have security available to ensure the safety of the parties. If the safety or welfare of a child is threatened at any time, the court may make modifications to any parenting time arrangements. The court will take the proper steps to ensure that the supervised parenting time does not in and of itself create a situation where the restraining order would be violated.
In New Jersey, there are a number of custody options that can be ordered by the court, including supervised parenting time for non-custodial parents. While the court will always try to ensure that each parent has a continued and meaningful relationship with both parents, it is always in a person’s best interest to speak with a family law attorney prior to any hearing.
Custody cases can be challenging. Each parent may believe they are acting in the child’s best interest, but it can quickly become contentious if those interests do not align. Working with an experienced lawyer can help to ensure that your rights are protected, as well as the rights of your child.
At Rozin | Golinder Law, our attorneys are here to help. We understand how difficult this time can be for you and your family. We will work tirelessly to ensure that your interests are protected and your rights are upheld. From mothers’ and fathers’ rights to grandparents’ visitation, we can help. Our attorneys are well-versed in handling custodial issues from the initial orders to subsequent modifications.
Custody and visitation in New Jersey can be a challenging issue, but there are ways to help ensure it goes as smoothly as possible. Parents are encouraged to contact us for a confidential consultation at (732) 377-3367.
