Do Grandparents Have Visitation Rights in New Jersey?
Posted May 12th, 2017 by Anthony Carbone, PC.
Categories: Family Law.
Grandparents are special in a child’s life. They can have a positive effect in your child’s life and provide a secondary set of parents. But do they have any rights in the raising of your child?
For example, Jim and Ellen love spending time with their grandchildren. However, they don’t get along with their son-in-law. It seems like every time they plan a visit, their son-in-law makes an excuse to prevent them from seeing the children. They’ve complained to their daughter but she stands with her husband. This has created a riff with the family and now Jim and Ellen haven’t seen their grandchildren in over a year. Finally, they’ve had enough and decide they want to take the matter to the courtroom. Can they?
Absolutely. In the United states, there are certain basic statutes for grandparent visitation rights. According to the law, non-parents can ask the court for the right to spend time with a child, even if the parent does not allow it. The purpose of this law allows a balance between how the parents can raise their children and the belief that it’s in the child’s best interest to spend time with his/her grandparents.
New Jersey’s Grandparents’ Visitation Statute allows the grandparents or a sibling of a child to make an application for visitation. In order for the application to be approved, the grandparents must prove that visitation is in the best interest of the child.
In determining the grandparents’ visitation rights, the court will consider the following:
- The relationship between the child and the grandparents
- The relationship between the child’s parents and the grandparents
- The time that has elapsed since the child had contact with the grandparents
- What the effect will the visitation have on the relationship between parent and child
- Any time-sharing arrangement that exists between the parents if they are divorced or separated
- The good faith of the grandparents
- Any history of neglect, or abuse by the grandparents
- Any other factors that may be relevant to the best interests of the child
It’s sad when you need to go to court to see your grandchildren. But if you need to apply for grandparents’ visitation rights, you’re going to need a family lawyer to help you with your case. Contact the Law Offices of Anthony Carbone today for a free consultation.