The most challenging part of any marriage is a divorce. Nobody sees it coming at the time they are first married, though unfortunately, in some cases, a divorce is inevitable. The emotional and financial stress that accompanies divorce is very often compounded if you and your former spouse have a child together. Understandably, both you and your spouse may have a different idea of how your child should be raised. This is why when one parent is granted sole custody of their child, the noncustodial parent is very often left concerned about they can stay involved in their child’s life.
Essentially, sole custody means one parent has physical and legal custody of their child. While physical custody relates to where your child will live, legal custody has to do with the authority to make major life decisions for your child. If your former spouse was granted sole custody and you wish to see your son or daughter, here are some of the questions you may have:
What is a visitation order?
If your spouse was granted sole custody of your child, you are most likely trying to figure out how you can play a role in his or her life. Fortunately, you can through a visitation order. Essentially, visitation orders can be granted to certain family members, such as parents, grandparents, and siblings. However, to be granted a visitation order, you must first prove that you will be a consistent, positive force in this child’s life. New Jersey courts believe that visitation terms can only be arranged if they are in the child’s best interest. Hire an experienced attorney who is ready to help you do whatever it takes to spend time with your child.
How will the court determine my visitation schedule?
The court will take several factors into consideration when determining whether it will grant you a visitation order. Some of these factors may include:
- Whether or not you are applying in good faith
- The relationship between you (the applicant) and the spouse with sole custody
- The time that has passed since you last saw or spoke with the child in question
- Your history with the child
- Whether or not you are a threat or pose any sort of a risk to the child in question
- The impact of these rights on the relationship between the child and his or her parent or guardian
- The bond you and the child in question have
- All other factors the court deems relevant
Contact our experienced New Jersey firm
Before taking legal action, it is important to discuss your legal matter with an experienced attorney. Divorce means a significant change in your life, which is why you need an experienced and compassionate attorney who can help make the transition go as smoothly and seamlessly as possible. If you need a knowledgeable attorney, please do not hesitate to contact The Radol Law Firm to discuss any divorce and family law matters you may be facing.