Grandparent Visitation Rights
Having grandparents in a child’s life can have a very positive impact in a child’s development, especially when the child does not live with his or her immediate family members. In this situation, grandparents can ask a court to give them visitation rights, just like a parent involved in a divorce may have visitation rights. If you are a grandparent and feel you should be more involved in a grandchild’s life, the following article describes the basics of grandparent visitation rights in New Jersey.
Visitation Rights in General
In a child custody case, courts will often grant visitation rights to a parent who isn’t awarded physical custody. This is most common when the parent and child have a good relationship, but other circumstances make it difficult for the child to live with the parent.
Basics of Grandparent Visitation Rights
All fifty states have enacted what are often called “grandparents’ visitation statutes.” These laws allow non-parents, such as grandparents, siblings, etc. to ask the court for the right to spend time with a child, even when the child’s parent won’t allow it. The purpose of the laws is to strike a balance between the right of parents to raise their children as they see fit, and the belief that it is in a child’s interest to spend time with his or her grandparents (even if a court has to require this). These laws either allow for court-ordered visitation when the family is not intact (by death, divorce, adoption, etc.) or when it is in the child’s best interest.
Grandparent Visitation Rights in New Jersey
New Jersey’s Grandparents’ Visitation Statute allows a grandparent or sibling of a child residing in New Jersey to make an application for visitation. The applicant must prove that the visitation is in the best interest of the child. By its terms, this statute applies to families that remain together, as well as those where separation, death, or divorce have split the family. In making a determination about visitation, the court will consider eight factors:
- The relationship between the child and the applicant;
- The relationship between each of the child’s parents or the person with whom the child is residing and the applicant;
- The time which has elapsed since the child last had contact with the applicant;
- 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;
- If the parents are divorced or separated, the time sharing arrangement which exists between the parents with regard to the child;
- The good faith of the applicant in filing the application;
- Any history of physical, emotional or sexual abuse or neglect by the applicant; and
- Any other factor relevant to the best interests of the child.
Protecting your Grandparent Visitation Rights in New Jersey
Family law clients of Robert E. Goldstein, Esq. can be assured that they will be treated with diligence, compassion and with knowledge of the law and the consequences unique to their cases. Our law office is located in Manalapan. Contact us by contact form or call (732) 972-1600 to schedule a convenient appointment. Evening and weekend appointments are available.
Manalapan NJ is not the only community we serve, we also provide Grandparents Visitation services for all of Monmouth County including but not limited to:
- Grandparents Visitation Law Services for Colts Neck NJ
- Grandparents Visitation Law Services for Farmingdale NJ
- Grandparents Visitation Law Services for Red Bank NJ
We take Grandparents’ Rights cases throughout New Jersey, to include Monmouth, Middlesex, Ocean, Somerset, Burlington, Mercer, Morris, Bergen, Essex, Union, and Hudson Counties.
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