What Rights do Grandparents Have in New Jersey Custody Cases?

When spouses have a family, their divorce can impact more than just them. This is because it raises the question of child custody. This does not only affect the parents and the children, but the potential grandparents as well. Just as parents worry about spending time with their children, grandparents worry about spending time with their grandchildren. The court encourages grandparents’ involvement in a child’s life in most cases, as it can allow for positive development as they grow up. It is because of this that grandparents can have certain visitation rights. Continue reading below to learn more and contact an experienced New Jersey family law attorney for help with your case. 

How do Grandparents Receive Rights?

When grandparents want visitation rights, they are required to follow a process. This begins with filing a formal motion with the court. To determine if 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

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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