Grandparents’ Rights in New Jersey | What to Know

When a couple gets divorced, child custody is often the most important matter to determine. As a result, it is taken very seriously by the court. When determining custody, the goal is to ensure that the child’s standard of living is the same, or better, than before the divorce. Relationships can seriously impact the child’s standard of living. For example, if a child has a close relationship with a grandparent and can no longer see them, this can have a severe negative impact. As a result, grandparents who are struggling with a custody situation can request visitation. Read on to learn more about grandparents’ rights and visitation orders.

How do Grandparents Receive Rights?

When grandparents want visitation rights, they are required to follow a process. This process begins with filing a formal motion with the court. To determine whether visitation should be granted, the court will consider a variety of different factors, including the following:

  • The relationship between the parents and the grandparent
  • The effect the visitation will have on the relationship between the child and the child’s parents
  • The time-sharing arrangement between the parents and the child
  • The relationship between the child and the grandparent
  • Any history of abuse (physical, emotional, sexual) or neglect by the grandparent
  • The amount of time since the child last saw their grandparent and the reasons for any lapse in contact
  • If one parent is deceased, the court may consider the time-sharing agreement that was previously established with the deceased parent 
  • The good faith of the grandparent while applying
  • Any other factor pertaining to the best interests of the child

Can a Grandparent Become a Guardian?

It is an emotional situation if a child loses their parent or is removed from their custody. In the event of this, it is possible for grandparents to become the child’s legal guardian. In some situations, grandparents can even request custody from the parents. This may be allowed in the event of:

  • Incapacitation
  • Economic limitation
  • Abandonment
  • Child abuse or neglect
  • Substance abuse
  • Mental health matters
  • Incarceration
  • Medical conditions

If you are interested in requesting a visitation order, or you have any questions or concerns about your rights as a grandparent, contact our firm today. We are here to walk you through the process and advocate for you every step of the way.

Contact our Firm

We understand how emotional and difficult matters of family law can be. If you need the assistance of a knowledgeable attorney to help protect your right to your family, please do not hesitate to contact our experienced firm. We are eager and dedicated to helping you through this difficult time. Our personal injury specialists at Greenberg & Walden, LLC are standing by for a free initial consultation. Call us at 201-528-6928

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