For many, the relationship between grandparent and grandchild is truly special.
Sometimes, however, complicated family dynamics may lead to a parent interfering in the grandparent-grandchild relationship or refusing to allow that relationship to exist at all.
If you are a grandparent and have found yourself in such a situation, it’s important to understand your rights when it comes to grandparent visitation.
In this article, the grandparents’ rights attorneys of Weiner Law will discuss the nuances of grandparent visitation rights in New Jersey, including whether grandparents are entitled to visitation, how much visitation can grandparents get, and more.
If you have questions, please contact us today.
An Overview of Grandparents Rights in New Jersey
As with most family law-related legal matters, grandparents’ rights can be an emotional and complicated topic.
Let’s look at your rights and options to help you get started on your journey to protect and preserve your relationship with your grandchild.
Do Grandparents Have Visitation Rights Automatically?
Grandparents in New Jersey can petition the court for visitation rights under Rule N.J.S.A. 9:2-7.1, which grants them the legal right to file for visitation with their grandchildren. However, these rights are not automatic, and filing does not ensure approval.
Parents are generally entitled to make decisions regarding the health, education, and overall well-being of their children.
This typically includes the right to refuse visitation with a grandparent. Thus, even if a grandparent wishes to spend time with their grandchild, a parent has the legal right to refuse.
Common Situations Where Grandparents Might Pursue Visitation Rights
There are many situations in which a grandparent may choose to pursue visitation rights with respect to their grandchildren. Below are some common examples:
- Parental divorce or separation—one parent may wish to restrict visitation between their former partner’s family members and the child;
- Death of one parent—after such a death, the surviving parent may seek to limit a grandparent’s access to the child;
- Incapacity or incarceration of one or both parents—if one parent is incapacitated or in prison, the other may refuse grandparent visitation;
- Family estrangement or disputes—if the parent(s) and grandparent(s) are at odds, the grandparents may still wish to salvage a relationship with their grandchild; and
- Relocation of the parent and grandchild—creating a significant geographical distance between grandparent and grandchild that has the potential to negatively impact their relationship.
No matter the precise circumstances, it’s important to remember that you may have legal rights to protect and preserve your relationship with your grandchild.
Can Grandparents Sue for Visitation?
Even though New Jersey does not grant automatic visitation rights to grandparents, state law does afford grandparents the right to petition the court for visitation if the parents are unwilling to allow it.
To do so, a grandparent must file an application with the Superior Court requesting an order for visitation.
Notably, it will be the grandparent’s burden to prove, by a preponderance of the evidence, that granting visitation is in the child’s best interest.
The Best Interest of the Child
The best interest of the child is the standard courts use when making legal decisions regarding a child—including the decision of whether to grant visitation rights to a grandparent.
In making such a determination, New Jersey courts will take into consideration several factors, including:
- The relationship between the child and the grandparent seeking visitation;
- The relationship between the child’s parent(s) and the grandparent;
- How much time has passed since the child last had contact with their grandparent;
- The potential effect that granting visitation will have on the relationship between the child and their parents;
- If the child’s parents are divorced or separated, the terms of any custody-sharing arrangement that exists between the parents;
- The good faith reasons of the grandparent in filing the application for visitation; and
- Whether there is any history of physical, emotional, or sexual abuse or neglect by the grandparent.
Importantly, this is a non-exhaustive list. Thus, the court will consider any other relevant factors that may exist in making its determination.
For instance, if a grandparent has ever been a full-time caretaker for the grandchild, courts will consider this as prima facie evidence that granting visitation will be in the child’s best interest.
How Much Visitation Can Grandparents Get?
New Jersey law does not specify any set amount or standard visitation schedule for grandparents who are granted visitation rights. Thus, the visitation frequency can and does vary significantly from case to case.
Ultimately, it will be up to the court to consider the various factors at play in determining a visitation schedule that is reasonable, practical, and in the best interests of the child.
Speak with the New Jersey Grandparents Rights Attorneys at Weiner Law
If you still have questions about whether and to what extent you may be entitled to visitation rights with your grandchild, the attorneys at Weiner Law are here to help.
Founded in 1988, our team has decades of experience fighting for the rights of our clients throughout the State of New Jersey.
For legal service that goes above and beyond, contact Weiner Law and set up your consultation today.
FAQs
Is a Grandparent Guaranteed Visitation Rights?
No. While grandparents are permitted under New Jersey law to petition the court for visitation rights, the law does not guarantee such rights. Rather, the grandparent making the application for visitation will have the burden of proving to the court that granting visitation is, in fact, in the best interests of the child.
Can the Child’s Parents Refuse Visitation with a Grandparent?
Generally speaking, a child’s parents have the authority to make decisions for the child. Such authority includes the decision to refuse visitation with a grandparent. That said, under certain circumstances, grandparents can seek visitation rights despite a parent’s objection. From there, it will be up to the court to determine whether to grant or deny visitation to the grandparent.
Do I Need an Attorney to Pursue My Grandparent Visitation Rights Case?
Technically, no. You do not need to hire an attorney to represent you in a New Jersey grandparent visitation rights case. Nevertheless, there are several reasons why doing so is a good idea. Ultimately, having the legal knowledge, advocacy skills, and backing of an experienced New Jersey family law attorney can be a great asset and can significantly increase your chances of a successful outcome.