What Rights Does a Non-Custodial Parent Have in New Jersey?

collaborative divorce attorney

What Rights Does a Non-Custodial Parent Have in New Jersey?

collaborative divorce attorney


During the divorce process, many parents find themselves classified as the “non-custodial parent.” This means that they do not have primary custody of their child. In some cases, parents may mutually agree that this is the best situation. In other cases, the judge may decide that such an arrangement is in the best interests in the child. You may feel unhappy about how things have panned out because you wanted primary custody of your child. Whatever the case may be, it is important to understand your rights as a non-custodial parent.

If you believe that your rights are being violated, it is crucial to reach out to a qualified, experienced family law attorney as soon as possible. Numerous studies have shown that it is important for both parents to play an active role in a child’s life. If you think you are not being given a fair chance to be part of your child’s life, it is time to take legal action. With a skilled lawyer by your side, you can fight for your rights as a parent and ensure that your child has a healthy, stable upbringing.

Your Rights as a Non-Custodial Parent

Although you will not have primary custody as a non-custodial parent, the state of New Jersey still gives you a number of important rights:

  • The Right to Parenting Time: New Jersey recognizes that a non-custodial parent has an important role as a parent. While other states use the term “visitation rights,” New Jersey prefers “parenting time” because of the fact that this is not just about visiting each other. Parenting time is about playing a role in your child’s life, and the state of New Jersey understands how important this is. It is rare for a judge to completely prevent a parent from playing a role in their child’s life. Only when a child’s safety is seriously threatened do they prevent this from happening.
  • The Right to Modify Child Custody: You have the right to request modifications to your existing child custody and parenting plans. While you can only do this under specific circumstances, it is important to understand that you have a measure of control – especially when existing factors change. To request modifications, it is best to consult with a qualified, experienced family law attorney
  • The Right of Your Child to Choose: While this is technically not your right, you do have the opportunity to become the primary guardian if your child expresses their desire to live with you full-time. When a child reaches a certain age, they can tell the judge that they would prefer to live with you instead of the other parent. The older a child is, the more likely the judge will be to take this request seriously.

Reach Out to a Qualified Family Law Attorney Today

If you have been searching New Jersey for a dependable, experienced family law attorney, look no further than Giro, LLP, Attorneys at Law. We have a wealth of experience with child custody cases, and we know how to fight for the rights of non-custodial parents. Reach out today, and we can develop an action plan together.


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