What factors does the court consider when awarding visitation rights?

When awarding visitation rights in New Jersey, the court considers several different factors to determine what is in the best interest of the child. These factors include the child’s age, emotional ties to each parent, the relationship between the parents, the stability of the home environment, and the parent’s work and lifestyle. Additionally, the court will consider any history of domestic violence, or a parent’s mental illness or substance abuse. The court may also consider the preference of the child depending on their age and maturity. If the child is of sufficient age, the court may give the child’s wish preference over its own. However, children younger than twelve years old typically do not have a significant say in the process. The court may also look at whether either parent lives out of state and if so, the court may decide if it would be best for the child to stay in the same state as the custodial parent. In addition, if a parent is in the military, the court must consider any potential changes in the parent’s ability to provide visitation due to service commitments. Lastly, the court may also consider whether supervised visitation is necessary. If a parent has a history of abuse or mental illness, the court may require supervised visitation to ensure the safety and welfare of the child. The court takes all of these factors into account when deciding what visitation rights should be awarded to the non-custodial parent. All decisions are based on the best interests of the child, which is the court’s primary concern.

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What factors does the court consider when awarding visitation rights?

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