Grandparents’ Rights in NJ Custody Cases
As a grandparent, you may have a deep bond with your grandchild and wonder if the law supports your right to maintain that connection. In New Jersey, the law does provide avenues for grandparents to seek visitation rights, but there are specific legal requirements and considerations to keep in mind.
New Jersey Statute N.J.S.A. 9:2-7.1 outlines visitation rights for grandparents or siblings. It states that a grandparent or sibling of a child residing in New Jersey may file an application before the Superior Court for an order for visitation. However, the burden is on the applicant to prove that granting visitation is in the best interests of the child.
When evaluating a petition for visitation, the court carefully considers several factors to determine whether granting visitation serves the child’s best interests, including:
- The relationship between the child and the applicant
- The relationship between the child’s parents and the applicant
- The amount of time that has elapsed since the child last had contact with the applicant
- The effect that the visitation will have on the relationship between the child and the child’s parents
- The time-sharing arrangement that exists between the parents with regard to the child (if they are divorced or separated)
- The good faith of the applicant in filing the application
- Any history of abuse or neglect by the applicant
How to Get Visitation Rights
In order to apply for grandparent visitation, the petitioning grandparent must file an application with the court. Once it is filed, the courts will ask the grandparents to answer several questions relating to their relationship with their grandchild. For instance, the grandparents may be asked about the last time they saw their grandchild, the relationship they have with their grandchild and the child’s parents, and whether there is any history of abuse.
Parental divorce is one of the most common reasons for a grandparent to seek visitation through the court process. If a grandchild’s parents are getting divorced, the grandparent can still petition the courts for grandchild visitation. However, the grandparents must be able to prove their importance in their grandchild’s life and show that they will not interfere with parenting time orders.
How to Get Child Custody
Grandchild custody is possible in rare circumstances. A petition must be filed with the courts to petition for legal custody of the grandchild. Once that’s complete, it must be shown that one of the following criteria is met:
- The parents are deemed unfit.
- The parents are abusing drugs or alcohol.
- The parents have a history of mental illness.
- One parent is unfit in any way and the other parent does not want custody of the child.
- The parents’ consent to giving the grandparents custody.
Contact Our Cherry Hill Grandparents Rights Lawyer Today
Grandparents often develop strong bonds with their grandchildren. Many want to be able to visit them on a regular basis, and fortunately, the law allows for that to some degree.
Want to know more about your legal rights as it pertains to visitation and custody of your grandchildren? If so, seek legal help from a Cherry Hill family law attorney from Fiore Law. Discuss your legal needs with us. Give us a call at (856) 214-8964 to schedule a consultation.