New State Senate Bill to Enforce Child Visitation Rights

Jan 08, 2015

The New Jersey Senate has recently introduced a bill that will provide safeguards to parents whose rights to child custody visitation have been denied by the opposing parent.  The bill, introduced by Senator Ronald L. Rice, aims to add language to N.J.S.A. 9:2-4, the current law concerning child custody.

Specifically, the bill provides that child custody orders contain a provision stating “that the custodial parent has a duty to facilitate visitation or parenting time of a minor child with the noncustodial parent.”  In addition, the bill provides that noncustodial parents whose parenting time has been denied shall be able to use the courts in an effort to enforce the terms of their visitation schedule.  In particular, noncustodial parents can file a motion with the court, which shall be decided within a maximum of 45 days. 

If a court finds that a custodial parent has unreasonably denied visitation to the noncustodial parent, the court may institute a number of remedies.  These remedies include:  ordering a specific visitation schedule, supervised visitation, attorney’s fees and costs, community service, compensatory visitation time, monetary or other economic compensation, posting of a bond, or counseling. 

This bill may impact individuals who currently have custody schedules in place but who frequently deviate from the schedule to the detriment or disapproval of one of the parents.  It is unknown, however, whether or not the bill will be signed into law.  Nevertheless, custody and visitation issues still arise and there are currently remedies in place for a noncustodial parent whose visitation is denied.  If you are having problems with your current custody schedule, call the experienced matrimonial attorneys at Sarno da Costa D’Aniello Maceri LLC to discuss your options.  We can be reached at 973-274-5200