How Can I Get Full Custody Without Visitation Rights in New Jersey?

In most child custody cases, New Jersey courts strive to ensure that children maintain relationships with both parents. However, in some situations, a parent may seek full custody with no visitation rights for the other parent. This is an extreme measure and is generally only granted when there is clear evidence that visitation would be harmful to the child. If you are considering seeking sole custody without allowing visitation, it’s important to understand the legal process and the challenges involved. If you find yourself on either side of this issue in Union, Essex, or Middlesex County, contact the Law Offices of John B. D’Alessandro for advice and representation from a skilled and experienced Union child custody lawyer.

What Does Full Custody Without Visitation Mean?

Full custody—also known as sole legal and physical custody—means that one parent has complete decision-making authority over the child and that the child resides exclusively with that parent. If visitation rights are denied entirely, the other parent has no court-ordered parenting time, either supervised or unsupervised.

When Can a Parent Be Denied Visitation?

New Jersey courts generally believe that maintaining contact with both parents serves a child’s best interests. However, the court may eliminate or severely restrict visitation if there is substantial proof that contact with the other parent would endanger the child’s physical or emotional well-being. Situations that may warrant full custody without visitation include:

• History of Child Abuse or Neglect – If the noncustodial parent has physically, emotionally, or sexually abused the child, the court may determine that any form of contact would be harmful.

• Domestic Violence – If the parent has a documented history of domestic violence, particularly if it involved the child or occurred in the child’s presence, the court may prohibit visitation.

• Substance Abuse – A parent struggling with severe drug or alcohol addiction that prevents them from providing a safe and stable environment may lose visitation rights.

• Severe Mental Illness – If a parent’s mental health condition is untreated and poses a risk to the child’s safety, the court may determine that visitation is not in the child’s best interests.

• Parental Abandonment – If a parent has been absent from the child’s life for a significant period and has demonstrated no interest in maintaining a relationship, the court may consider terminating visitation.

• Criminal Activity – A parent with a history of violent crimes, sex offenses, or other serious criminal behavior may be denied visitation.

Steps to Obtain Full Custody Without Visitation

1. File a Custody Petition
   To seek sole custody with no visitation, you must file a motion with the Family Division of the Superior Court in the county where your child resides. Your petition must include a request for full custody and clear reasons why visitation should be denied.

2. Provide Evidence Supporting Your Request
   The burden of proof falls on the parent seeking to terminate visitation. You will need strong evidence, such as:

   • Police reports documenting abuse, domestic violence, or criminal activity.

   • Medical or psychological evaluations of the child if there are signs of trauma.

   • Records of substance abuse treatment or failed drug tests.

   • Testimony from witnesses, including teachers, doctors, or social workers.

3. Request a Custody Evaluation (If Necessary)
   In contested cases, the court may order a custody evaluation by a qualified psychologist or social worker. The evaluator will assess both parents and the child before making a recommendation to the court.

4. Attend a Court Hearing
   The judge will review your evidence and hear arguments from both parties. The other parent has the right to defend their ability to have visitation, and they may propose alternatives such as supervised visitation. If the court determines that even supervised visits would harm the child, it may rule in favor of no visitation.

5. Comply with Court Orders
   If full custody is granted without visitation, the noncustodial parent may still seek to modify the order in the future by demonstrating changed circumstances, such as completing rehabilitation or parenting classes. The custodial parent should document any interactions that could impact the child’s safety.

Alternative Solutions: Supervised or Limited Visitation

Completely denying a parent visitation is rare. In many cases, courts prefer supervised visitation, where visits occur in a controlled environment with a third party present. Courts may also impose conditional visitation, requiring the parent to undergo treatment, counseling, or drug testing before regaining parenting time.

Consult Our Union Family Law Attorney for New Jersey Custody Matters

Seeking sole custody without visitation is a complex legal process that requires strong evidence and persuasive legal arguments. If you believe your child’s well-being is at risk or if you are being unfairly denied visitation, the Law Offices of John B. D’Alessandro can help. We provide skilled legal representation for parents in Union, Essex, and Middlesex counties who are navigating custody disputes.

Contact us today at 908-964-0102 to schedule a consultation and discuss your legal options for protecting your child’s best interests.