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Providing Legal
Support to Our Community

Since 1998

Visitation rights of New Jersey grandparents

On Behalf of | Jul 20, 2018 | Uncategorized | 0 comments

Grandparents across New Jersey often experience the sad process of the divorce of a child and their spouse. Though the attendance of family events and the stress of custody now infiltrates your daily life, you prove most affected by not seeing the grandchildren you love so dearly.

In New Jersey, upon the decision of parental custody arrangements, grandparents may seek visitation time if their son or daughter does not receive sole or joint custody. The court recognizes that the relationship between a child and their grandparent may hold an unbreakable bond. Divorce should not unnecessarily terminate the connection between loved ones.

Grandparents obtaining visitation rights

Should a court determine that a parent proves unfit to take care of a child, custody may be placed in a single parent’s responsibility. While restricting visitation of the other parent, a child may know the large impact of not seeing extended family on a more frequent basis.

Grandparent visitation rights may give the opportunity for children and grandparents to continue a strong, positive relationship beyond divorce, should the court agree. Deciding whether visitation rights for grandparents constitute the best interest of the child, New Jersey courts identify multiple factors of determination.

  1. The relationship between the child and the grandparent
  2. The relationship between each of the child’s parents and the grandparent
  3. The time since the child last had contact with the grandparent
  4. How the visitation may affect the relationship between the child and the child’s parents
  5. The time-sharing arrangement which exists between the parents and the child
  6. The good faith of the grandparent filing the application
  7. Any history of physical, emotional or sexual abuse or neglect by the grandparent
  8. Any other factor relevant to the best interests of the child

Should grandparents wish to continue a stronger relationship with their grandchild after his or her parents’ divorce, it proves necessary for grandparents to apply for visitation rights. A beneficial schedule and balance between a new normal and a continuation of extended family relationships may help a child adjust.

Further, adopting visitation rights for your grandchild gives you the legal right to care and comfort the child in their time of potential confusion and need.