Do Grandparents Have Child Visitation Rights?

Posted May 25th, 2016 by .

Categories: Family Law.

grandparents visitation statute anthony carboneOne of the joys in any grandparent’s life is watching their grandchild grow up and become a successful human being. They wish to celebrate the child’s life and help teach him/her how to be a good person. But sometimes, grandparents are pushed out of the picture by the child’s parents. Maybe the grandparents don’t get along with the parents, or the custody parent refuses to let the grandparents of his/her ex see the child. Whatever the case may be, the grandparents may need to head to court in order to get visitation rights to the child.

Each state in the United States has their own version of a grandparents’ visitation statue. These laws allow any non-parent of the child, such as a grandparent, to ask the court for the right to spend time with the child, even if the child’s parents refuse. These laws were put in place to strike some sort of balance between the parents’ right to raise their child and the idea that it’s in the child’s best interest to spend time with grandparents.

In New Jersey, the grandparents’ visitation statute allows the grandparent residing in the state to make an application for visitation with the court. But in order for the application to be approved, the grandparent must prove that a visitation would be in the best interest of the child.

In order to prove this, the court will take into consideration the following factors:

  • The relationship between the child and the applicant as well as the relationship between the parents and the applicants
  • The time which has elapsed since the child last had contact with the applicant
  • The effect a visitation will have on the relationship between the child and his/her parents
  • If divorced or separated, the time sharing arrangement that exists between the parents
  • The good faith of the applicant
  • Any history of abuse by the applicant
  • Any other factors relevant to the best interest of the child

If you need help in applying for visitation rights, we can help! Contact the Law Offices of Anthony Carbone today for a free consultation.

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