When a couple with children gets divorced, grandparents often wonder how they will be impacted. Will they still be able to see their grandchildren? How does visitation work? What rights do they have when it comes to their grandchildren? Read on to learn the answers to some of the most common questions about grandparents’ rights in New Jersey:
How do Grandparents Receive Rights?
Unfortunately, in New Jersey, grandparents do not have automatic rights when it comes to visitation. If a grandparent wishes to receive visitation rights, he or she will have to file a motion with the court. When making a decision about whether to award visitation, the court will consider some of the following factors:
- 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 current custody agreement between the parents
- 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
- The good faith of the grandparent applying
- Any other factor pertaining to the best interests of the child
This can be a difficult process, so it is important to work with an experienced and dedicated family law attorney.
Can a Grandparent Become a Guardian?
In New Jersey, courts believe that it is in the child’s best interest to have some form of relationship with both parents. As a result, it is rare that both parents lose custody of a child. But, in the event that both parents are deceased, or both parents are deemed unfit, grandparents may be able to request custody of the child. Some reasons a parent may be deemed unfit include:
- Economic limitation
- Child abuse or neglect
- Substance abuse
- Mental health matters
- Medical conditions
The bond between grandparents and their grandchildren is special- our firm understands this, and we are here to help when it comes to all of your family law matters. Reach out today to discuss your case with a skilled attorney.
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