Custody and visitation share much in common, but have many differences. Parental rights distinguish someone with visitation from someone with custody, and the two terms cannot be interchanged. Don’t be confused by the overlapping legal definitions or individual types.

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On its own, the right to visitation does not include the right to make virtually any decisions, unless cleared with the custodial parent or affirmed by the family court. Even the place where the visit occurs can depend on the other parent or the court to confirm.

The definition of legal custody gives a parent the authority to make decisions that pertain to the child. Physical custody means the parent and the child live together. Joint custody means the parents both enjoy some percentage of physical or legal custody rights and responsibilities, and we define sole custody as a parent with the power to make all decisions unilaterally.

Thus, visitation and custody differ in several major ways. Child visitation, also called parenting time, describes the amount of time a parent spends with a child. A visitation schedule will outline the days, times, and frequency with which a parent will be physically present or direct contact with the child. Normally, a visit lasts much shorter than a period of custody.

Visitation covers any time the child spends with the noncustodial parent. It can occur during the day or overnight, at the home of either parent, and either alone or supervised. A parenting plan where one parent has sole custody—and even joint custody arrangements—can allow for visitation, but not necessarily. Sometimes, even joint custody arrangements make allowances for visitation. NJ family judges also may award visitation rights to family members or other people close to the child. Any successful visitation schedule depends on both parents understanding the subtle nuances of their parenting plan, calendars, and family dynamic.

Call us at 1-855-9-JEFLAW any time to discuss your case

The brilliant team of child visitation lawyers at the Law Offices of Jef Henninger, Esq. will fight for your family. We dominate NJ family courtrooms, and we can defeat any threats to your custody, visitation, or parenting time arrangements. Looking for the toughest custody and visitation attorneys in the Garden State? Call us at 1-855-9-JEFLAW now for a free consultation.