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Non-Custodial Parent Rights in NJ

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Jan 6, 2023

Non-Custodial Parent Rights in NJ

It’s estimated that around 50% of children will see their parent’s marriage end.

It’s no secret that separating from your partner is challenging. However, divorce is even more difficult to navigate when a child is involved.

You need to know several things about non-custodial parent rights in NJ, and you’ll learn all about them in this article. If you’re getting divorced and wondering about your rights as a parent, keep reading.

Non-Custodial Parent Meaning

A non-custodial parent has limited time with the child. This may mean they have visitation rights or the child only visits them on the weekends.

Instead of calling it visitation rights in New Jersey, they are referred to as parenting time. A judge will understand the importance of a child/parent relationship. It’s uncommon for a judge to completely prevent a parent from seeing their child; however, it does happen.

Visitation/Parenting Time

You may wonder, “when can you deny visitation to a non-custodial parent in NJ.” While the state will do everything it can to allow a parent to have a relationship with their child, there are several instances where a parent can be denied rights. A child’s safety is the most important thing.

The state will step in if a child’s health and safety are compromised. The parent has to be able to eliminate the danger.

A parent isn’t without resources. Before parenting times are revoked, DCP&P will provide services to help the parent create a safe place.


Part of non-custodial Parent Rights in NJ is being able to request modifications to the post-divorce custody agreement. If your situation changes and you want more time with your children, you can do so in court.

However, having an experienced lawyer is crucial. They will be able to represent you to the court in the best possible way.

If you have a resentful ex trying to block your relationship with your child, you will also need an expert’s help. It would be best if you didn’t sacrifice your relationship because your ex-spouse doesn’t like you. If you feel that you got an unfair deal, we can help you fight it.

Child’s Rights

If you want to become the primary guardian, you do have options. Your child must tell a judge they want to live permanently with you. The decision is up to the judge, and they will consider the child’s age.

Non-Custodial Parent Rights in NJ

The last thing you want to do is go into a divorce without knowing about non-custodial parent rights in NJ. Whether you’re a custodial or non-custodial parent, you need representation to get a fair deal. You don’t want to jeopardize your relationship with your child because you don’t know the answer to “What rights does a non-custodial parent have in New Jersey”.

Don’t worry; we can answer all your questions. Give us a call today, and we will help you through the entire process.

Elizabeth Dalena helped me through a very difficult divorce and I felt working with her was like working with a friend you can trust! Beth, thank you for your professionalism and helping me through this difficult time.
Michael Mastrogiacomo - March 2020
If you’ve been searching for an honest and empathetic attorney...someone you can trust while you navigate the difficult and emotional world of family law, then do yourself a favor and contact Beth Dalena & Jessica Bosch. You’ll be so glad you did.
Par 5 Consulting - March 2020
When you are in the painful and often frightening process of divorce, the women of this law firm bring you confidence and security with their knowledge and professionalism. They exhibit that rare combination of the willingness to hold your hand like a compassionate friend and defend you like a piranha in the courtroom when necessary. They exhibit dedication, and the grace and wisdom of their long term experience. They look…
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These ladies have helped me several times in my experience with them. Jessica was my divorce attorney and I can say without hesitation, she was professionally and personally a gift to me. She handled my case (adversarial at best) with grace and knowledge. A fighter when necessary. She handled me in my personal state as a friend. Compassionate and kind. Beth assisted me with rewriting my deed after my divorce…
Scarlett O - January 2020
I chose Jessica A. Bosch to represent me because she was compassionate and knowledgeable. My divorce was a long and difficult journey. During this time, I lost sight of what was really important. Jessica kept me grounded and focused on what would be best for me after the divorce. I am grateful for her help in protecting two very important financial things that I might have given up. I didn't…
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