Grandparents Visitation Rights | Monmouth County, NJ
On April 10, 2015, the New Jersey Appellate Division decided, in the case of M.K. and L.K. v. A.K., that the paternal grandparents of two children, whose father had died suddenly, should be entitled to visitation with the grandchildren over the objection of the children’s mother. The Court found that the parent of the children’s decision was entitled to deference but was not controlling, and that the grandparents had proved by clear and convincing evidence that the grandchildren would be harmed if they were deprived of a relationship with the paternal grandparents.
Under the New Jersey Grandparents’ visitation statute, the grandparents must prove by a preponderance of the evidence that visitation is necessary to avoid harm to the child. The grandparents’ evidence can be expert or factual. The termination of a long-standing relationship between the grandparents and the child, with expert testimony assessing the effect of those circumstances, could form the basis for a finding of harm.
In making a determination about grandparents visitation rights, the court will consider eight factors:
1. The relationship between the child and the applicant;
2. The relationship between each of the child’s parents or the person with whom the child is residing and the applicant;
3. The time which has elapsed since the child last had contact with the applicant;
4. The effect that such visitation will have on the relationship between the child and the child’s parents or the person with whom the child is residing;
5. If the parents are divorced or separated, the time sharing arrangement which exists between the parents with regard to the child;
6. The good faith of the applicant in filing the application;
7. Any history of physical, emotional or sexual abuse or neglect by the applicant; and
8. Any other factor relevant to the best interests of the child.
Our law office is located in Manalapan, NJ. We are fully capable of handling any Grandparent Visitation Right concerns and have been serving Middlesex, Monmouth, Union, and Ocean counties for many years. Contact us by using the contact form or call (732) 972-1600 to schedule a convenient appointment. Evening and weekend appointments are available.
