Luckily, the state of New Jersey allows a grandparent to have visitation rights. To learn more, continue reading and reach out to our dedicated New Jersey divorce and family law attorneys.
Can a grandparent have visitation rights in New Jersey?
If a grandparent would like to obtain visitation rights, they will need to go through a particular process. First, you will want to keep in mind the various factors that a court will look at to ensure that each decision is made in the child’s best interest. The court will likely take a look at the following:
- The relationship between the child and the grandparent
- Any history of abuse (physical, emotional, sexual) or neglect by the grandparent
- The time-sharing arrangement between the parents and the child
- The quantity of time since the child last saw their grandparent and the reasons for any lapse in contact
- If one parent is dead, the court may consider the time-sharing agreement that was formally established with the deceased parent
- The good faith of the grandparent while applying
- Any other factor pertaining to the best interests of the child
- The association between the parents and the grandparent
- The impact the visitation will have on the relationship between the child and the child’s parents
How can a grandparent request a visitation order?
There is a very specific process a grandparent must go through to request visitation through a New Jersey court. First, he or she with file a motion to the court. Once the court accepts the motion, they will evaluate several different factors before coming to a conclusion. There are clear family members that are able to request a visitation order. These family members include parents, grandparents, and siblings. Unfortunately, other family members, including stepparents, aunts, uncles, and cousins are not able to request visitation. It is essential to note that those who are not allowed to request visitation cannot appeal this no matter how close to the child they are.
Can a grandparent become a guardian?
Unfortunately, if a child loses their parent or their parent is removed from their custody, a grandparent may want to come in and become their grandchild’s legal guardian. In other circumstances, a grandparent can ask for custody of their grandchild from the parents. This may happen if the parent(s) face:
- Substance abuse
- Abandonment
- Child abuse or neglect
- Incapacitation
- Economic limitation
- Medical conditions
- Mental health matters
- Incarceration
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