New Jersey: Can a Parent Be Forced to Visit Their Child After Divorce?

In New Jersey divorce cases, child custody and visitation (also called parenting time) are central components of the court’s judgment. A common question that arises is: If the court has granted one parent regular visitation rights, but that parent voluntarily chooses not to visit the child, can the other parent—or the child’s legal guardian—legally compel them to do so?

While the question may seem straightforward, the answer involves an understanding of family law principles, the “best interests of the child” standard, and the limits of judicial intervention in parental behavior.

1. Visitation Is a Right, Not an Obligation

It is important to clarify that visitation or parenting time is a right granted to the non-custodial parent, not an obligation that must be enforced. In other words, the court can give a parent the legal ability to visit the child, but it generally will not force a parent to exercise that right.

In New Jersey, if a parent consistently refuses to participate in scheduled parenting time—for example, by canceling visits or failing to show up altogether—this can certainly be emotionally damaging to the child. However, courts will not typically issue an order compelling a parent to spend time with their child, unless their refusal poses a serious threat to the child’s mental or emotional well-being.

2. The Court Focuses on the Best Interests of the Child

The guiding principle in New Jersey family law is that all decisions involving children must prioritize the child’s best interests. If a parent’s failure to visit leads to emotional distress, abandonment issues, or long-term psychological harm to the child, the custodial parent can request relief from the court, such as:

• A modification of the visitation schedule;
• A court-ordered psychological evaluation;
• Family mediation or enrollment in a parenting education program.

Even in these cases, courts generally will not mandate that a parent must visit the child, because forced contact may be ineffective or even harmful to the child in some situations.

3. Can a Parent Face Legal Consequences for Failing to Visit?

While a parent cannot usually be forced to visit, there may be indirect legal consequences if they fail to exercise their parenting time over an extended period:

1. 1. It May Affect Future Custody Modification Requests
      A parent who has not been involved in the child’s life may be seen as lacking a stable commitment, which can be used against them in any future custody disputes.

1. 2. Their Visitation Rights May Be Limited or Revoked
      If the child is harmed by the inconsistent or absent parenting, the custodial parent can ask the court to restrict or modify visitation, potentially requiring supervised visits.

1. 3. The Court May Order Mental Health Intervention
      In extreme cases where the child is showing signs of emotional or behavioral distress due to the other parent’s absence, the court may order counseling or family therapy.

4. What Can the Custodial Parent Do?

If the other parent refuses to visit the child, the custodial parent can take the following legal steps:

• Document missed or canceled visits, including dates, communications, and the child’s emotional response;
• Have an attorney send a formal letter encouraging the parent to follow the court-ordered visitation;
• File a motion with family court to modify the parenting plan or request therapeutic intervention;
• Request restricted or supervised visitation, or a complete revision of the parenting arrangement if necessary.

5. Conclusion

New Jersey law values the parent-child relationship, but also recognizes that parenting time cannot be forced. Courts will not compel a parent to show up and engage with a child against their will. However, if a parent’s absence is harming the child, legal remedies are available to protect the child’s emotional well-being and adjust custody or visitation arrangements accordingly.

This column is for reference only and does not constitute legal advice. For guidance on your specific situation, please contact 201-461-0031, WeChat: songlawfirm, or arrange a consultation via email at mail@songlawfirm.com.