As your family navigates divorce, separation, or loss, you may be wondering how certain dynamics among family members will change. In New Jersey, grandparents have the legal right to request visitation with their grandchildren at any time, although that does not guarantee success.
At Rigden, Lieberman & Mignogna, P.A., we proudly support grandparents and families in the Mercer County, Gloucester County, Camden County, Burlington County, Ocean County, Atlantic County, Cape May County, Salem County, and Cumberland County, New Jersey, areas.
What Are Grandparents’ Rights in New Jersey?
In the state of New Jersey, grandparents may request visitation with their grandchildren in the event of a parent death, divorce, or other life-altering changes. If a grandparent is denied visitation from a parent, they can request court-ordered visitation.
To be awarded court-ordered visitation, the grandparent must first demonstrate that the child would suffer actual harm without the visitation taking place. Then, after that is established, the grandparents must prove that spending with the grandchild is in the child’s best interest. Evidence can range from the circumstances of the family changes to any relevant factors regarding the child’s overall wellbeing.
How Are Grandparents’ Rights Determined?
When the subject of grandparents’ rights is brought to court, a grandparent must demonstrate that the child would be harmed if the visitation rights are denied, and that time spent together is in the best interest of the child.
The court will take any relevant evidence into consideration, including:
- The relationship between the grandparents and the grandchild
- The relationship between the grandparents and the parents
- The frequency of contact between the grandparents and the grandchild
- The potential impact on the child’s relationship with their parents going forward
If there are any additional factors affecting the proposed visitation time, you can present them in court.
Custody
The requirements change if the grandparents would like custody of the child. If you are seeking custody of your grandchild, a grandparent must demonstrate that they are a psychological parent to the child and that there is a reason the biological parent cannot care for the child.
Rigden, Lieberman & Mignogna, P.A. Supports Grandparents
If you are seeking visitation rights with your grandchild or are even looking to oppose a grandparent’s visitation request, you can trust Rigden, Lieberman & Mignogna, P.A. to support and represent you in court. We have the experience in New Jersey family law to provide experienced legal counsel that works toward the best outcome for you and your family.
We can work with you to determine the necessary evidence for the Court, as well as any other important factors. You can trust in Alexandra’s compassion and expertise during this difficult time.
Request a Consultation Today
When seeking visitation rights with your grandchildren, or seeking to prevent a grandparent from exercising visitation, you can count on Rigden, Lieberman & Mignogna, P.A. to support you. Rigden, Lieberman & Mignogna, P.A. serves Mercer County, Gloucester County, Camden County, Burlington County, Ocean County, Atlantic County, Cape May County, Salem County, and Cumberland County, NJ.
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