Heymann & Fletcher
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Can one parent refuse the other parent's visitation rights?

Many New Jersey parents enter a new and confusing world when they divorce. Now they must deal with the details of custody and visitation rights as well as the complexities of child support. While these two concepts both seek the well-being of the child, they are separate determinations. Nonpayment of child support is not a valid reason for one parent to deny the other parent court-ordered time with the children.

Is there ever a time when a parent can refuse to allow the other parent to be with the children? What about the times when the child refuses to go with the other parent? Legal advisors recommend discussing the matter calmly with the child to determine why he or she does not want to spend time with the other parent. Is it because the child simply wants to be with friends that day, or is there legitimate concern for the child's safety?

On the other side of the coin is the issue of a noncustodial parent who does not show up for scheduled visitation. This can be devastating for a child, and the custodial parent may be tempted to deny visitation the next time the other parent shows up. However, this is a matter best settled through calm discussion and perhaps a request for the court to revise the visitation schedule so it is more likely to work for both parents.

If a custodial parent does not suspect abuse, neglect or imminent danger to the child, the law requires him or her to allow the other parent any visitation time ordered by the court. Denying custody or visitation because of unpaid child support can result in serious legal trouble for the custodial parent. When considering denying visitation rights, it is wise for a New Jersey parent to obtain sound legal advice about the options.

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Heymann & Fletcher
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Toll Free: 800-481-8549
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Toll Free: 800-481-8549
Phone: 862-781-0029