Grandparents’ Visitation Rights in New Jersey | What You Should Know

Divorce is a complex process, and oftentimes, it affects many people other than the now-divorced couple. Not only can a divorce profoundly affect children, but it can also affect their grandparents as well, as one of the greatest joys in a grandparent’s life is watching his or her grandchild grow up. If you are a grandparent and you find yourself unable to spend time with your grandchild as a result of a divorce, you can still request visitation rights so you can continue to be a part of your grandchild’s life. Read on and speak with our New Jersey family law attorneys to learn more about grandparents’ visitation rights in New Jersey. Here are some of the questions you may have:

Grandparents’ Visitation Rights in New Jersey | What You Should Know

What are grandparents’ visitation rights in New Jersey?

As a grandparent seeking visitation rights with a grandchild in New Jersey, you and your attorney must first file a formal motion with the court. Once you do, the court will analyze various factors before deciding to give you visitation rights, some of which are as follows:

  • The relationship you have with your grandchild’s parent(s)
  • Whether there has been any history of abuse between you and your grandchild
  • The amount of time that has elapsed since you were last in contact with your grandchild, as well as the reason for that lapse in contact
  • The relationship you have with your grandchild
  • Whether giving you visitation rights would have a negative impact on the child’s relationship with his or her parents
  • The current custody arrangement between your grandchild’s parents
  • Your reasoning for requesting visitation rights
  • Any other factors the court deems relevant

Can a grandparent obtain custody of a child in New Jersey?

In most cases, child custody is reserved for one or both parents of a child. However, if both parents are unable to raise a child for one reason or another, courts in New Jersey will have to formally decide which party is best fit to raise the child. If your grandchild’s parents are unable to raise him or her, you can formally request to become your grandchild’s legal guardian. Some of the circumstances that may warrant this are as follows:

  • Incarceration
  • Incapacitation
  • Both parents are deceased
  • Abandonment
  • Child abuse or neglect
  • Substance abuse
  • Mental health issues
  • Medical conditions

Contact our experienced New Jersey firm

We understand how confusing certain legal issues can be, which is why we are dedicated to providing individuals with the compassionate, knowledgeable legal representation they deserve. Aronsohn, Weiner, Salerno & Kaufman has helped clients with various difficult legal challenges for over 40 years, which is why we know we have the experience needed to do the same for you. For experienced legal counsel regarding family law, litigation, business law, real estate, and criminal law, you know where to turn–contact Aronsohn, Weiner, Salerno & Kaufman today to schedule a consultation.