Parental Supervision in New Jersey: Best Interests of the Child are Paramount

In most New Jersey divorces, children spend time with both parents. In some cases, the actions, history, physical, or mental health issues of one parent may create an unsafe environment for a child, and the courts may decide that unconditional visitation is not in that child’s best interests. In such cases the court may order supervised visitation or alternative parenting time in lieu of traditional parenting time.

Supervised parenting time may be appropriate if one parent:

  • Has threatened suicide;
  • Has a history of drug or alcohol abuse;
  • Poses a threat of physical, mental, or sexual abuse;
  • Suffers from a health condition, physical or mental, which jeopardizes a child’s safety; or
  • Has been convicted of a crime and is deemed a risk to a child or makes a child uncomfortable for a legitimate reason.

If one or more of these conditions exist, the judge overseeing the case, together with the parents, may appoint a third party to oversee parenting time with the non-custodial parent. The supervisor may be a relative of the child, a friend, or a court-appointed officer such as a guardian ad litem.

In some cases, the judge places the burden on the parents to find a mutually agreed-upon supervisor. If the parents are able to agree to use a relative — such as a grandparent — this can be ideal. If, however, the chosen supervisor is unable to objectively act in the best interests of the child, denies the issues of the supervised parent, or does not remain physically present during supervised parenting time, the custodial parent may request a review and modification of the supervision order.

When the judge orders supervised parenting time with one parent, the judge may also order that parent to be in therapy, in a rehabilitation center, in substance abuse counseling, or in an anger management program.  The judge has the power to direct these interventions in the child’s best interest.

At Hanan M. Isaacs, P.C., in Central New Jersey, we treat every divorce case with sensitivity and careful attention. If you are a parent going through a divorce, it is essential that you work with an attorney who understands the law as well as your needs as a parent. We are “compassionate counsel and tough advocates”.  Call 609-683-7400 today or contact us here to schedule a near-term consultation. You will be glad you did.