As a grandparent, it’s only natural that you want to maintain strong family ties with your grandchildren. Unfortunately, life doesn’t always make this easy.
Whether you’re seeking visitation rights or full child custody, the family law attorneys at Weiner Law Group LLP are devoted to ensuring that the judicial system works on your family’s behalf. We take a personal interest in seeing your case reach a favorable outcome.
So, what are grandparents’ rights? And what kinds of rights might you have with respect to your grandchildren? Use our guide below to learn more and see how an experienced grandparents’ rights attorney can help you protect and maintain your relationship with your grandchildren today.
Grandparents Rights in New Jersey: An Overview
Before deciding whether to pursue legal action with respect to your grandchildren, it’s important to understand what rights you may have. Below is some information about grandparents’ rights in New Jersey to keep in mind as you move forward.
What Are Grandparents’ Rights?
As the term implies, grandparents’ rights refer to the set of legal rights that grandparents may seek in relation to their grandchildren.
Notably, grandparents generally do not have any automatic or default rights with respect to their grandchildren. This is because a grandparent’s legal rights will typically be secondary to the rights of the child’s legal parents.
Nevertheless, there are certain circumstances in which it may be appropriate for a grandparent to pursue legal action to obtain such rights.
Situations Where a Grandparent May Need to Pursue Legal Rights
When it comes to legal actions regarding children in New Jersey, the primary consideration in making any determinations will always be the best interests of the child.
This means that New Jersey courts may grant grandparents certain rights with respect to their grandchildren, even over the objection of the child’s parents, if it is determined that doing so would be in the child’s best interest.
Below are some examples of situations in which it may be appropriate for a grandparent to pursue certain grandparents’ rights in New Jersey:
- Death or incapacity of either parent,
- Divorce or legal separation of the child’s parents,
- Incarceration of either parent,
- Existence of child abuse or neglect,
- Substance abuse or addiction of either parent, and
- General unfitness of either parent or evidence of risk of harm to the child while in the care of either parent.
Note, however, that this is not an exhaustive list. Thus, if you have questions about whether the facts in your case might point to a claim for grandparents’ rights, speak with one of our family law attorneys today.
Common Types of Grandparents’ Rights in New Jersey
Many grandparents’ rights cases revolve around a grandparent’s desire to maintain a close relationship with their grandchildren upon the occurrence of certain events, such as a divorce between the child’s parents or the death or relocation of either or both of the parents.
Grandparent visitation rights in New Jersey: It’s essential to understand that while these rights do exist, they are not guaranteed. To pursue visitation, you’ll need to file an application with the Superior Court in the county where your grandchild resides. However, approval isn’t automatic, and the court will assess each case individually.
In these cases, a grandparent may seek visitation rights with their grandchildren, allowing them to maintain regular contact with them moving forward. In determining whether to grant visitation, New Jersey courts will consider factors such as:
- The relationship between the child and the grandparent seeking visitation (the “applicant”);
- The relationship between the applicant and the person or persons with whom the child is currently residing;
- If the child’s parents are separated or divorced, whether there is already any time-sharing arrangement in place between the parents;
- The amount of time that has passed since the applicant’s last contact with the child; and
- Any history of abuse or neglect by the applicant, if any.
In addition to these factors, the courts may also consider any other factors deemed relevant to the best interests of the child.
In other cases, grandparents may seek more than just visitation rights. Specifically, N.J. Stat. § 9:2-9 sets forth certain scenarios in which child custody rights for grandparents, or any other person interested in the welfare of a child, may be available.
That said, New Jersey courts will typically award a grandparent custody rights over a parent only in rare circumstances where the child’s parent is grossly unfit to be entrusted with the care, education, and welfare of the child.
Speak with a New Jersey grandparents’ rights attorney today to discuss your rights and potential options moving forward.
Could A Grandparents’ Rights Lawyer Help You?
The state of New Jersey has had grandparent visitation statutes on its books since the 1970s. As discussed above, however, this doesn’t mean, that you’ll automatically benefit from legal protections. You may have to fight to establish that your visitation or custody request:
- Is in the best interests of the child,
- Won’t unnecessarily disrupt existing time-sharing relationships, and
- Reflects your prior relationship with your grandchild.
It’s not always easy to prove that your visitation or custody appeal satisfies such criteria, especially if you are not familiar with the legal procedures and complexities surrounding custody and visitation matters in New Jersey. Fortunately, however, you don’t have to navigate this process alone.
When it comes to something as precious as your grandchildren, put your case in the hands of someone you can trust who has the background and experience necessary to effectively fight for your legal rights.
Working with a Weiner Law Group LLP lawyer will make it easier for you to build a stronger argument and persuade a court that granting your application is the best thing for your family’s welfare.
Navigating the Nuances of Family Law
Grandparents’ rights extend beyond mere visitation and custody petitions. If you end up raising a grandchild, you may be eligible for federal aid based on the fact that you’re raising a child other than your own. And depending on where the children reside, you might need to follow laws or procedures instituted by other states.
Your situation is unique, so your lawyer should take actions that suit your circumstances. With Weiner Law Group LLP, you can pursue visitation and child custody arrangements that serve the best interests of your minor relatives as you take confidence in the knowledge that we’re committed to finding solutions that fit.
What Sets Our Grandparents’ Rights Attorneys Apart from the Rest
Selecting the right legal representation is crucial to the success of your case moving forward. While there are many law firms in the area to choose from, here are a few reasons why we think Weiner Law Group can be a great fit for you:
- Years of Experience. For nearly 30 years, our attorneys have provided invaluable legal services to our family law clients in need.
- Family Law Range. We recognize that family law matters often involve a wide array of legal issues, which is why we are dedicated to providing family law-related services ranging from custody, visitation, and relocation to domestic violence matters and everything in between.
- Broad Spectrum of Clients. We represent a broad spectrum of clients—from Fortune 100 companies to individuals and families. No matter your circumstances, we are proud to help those who live and work throughout our local communities.
- Strong Relationships. Building strong relationships with our clients is the foundation of our success. When you hire our team, we will devote our efforts to understanding your issues so that we can work to get you the results you need and deserve.
- Measurable Results. We pride ourselves on developing intelligent strategies, recommending practical, timely solutions, and providing exceptional service that produces measurable results.
We understand that selecting the right team to represent your rights as a grandparent is no easy task. However, we hope you will put your trust in us.
Weiner Law: Protecting Your Grandparents’ Rights in New Jersey
When you are ready to discuss your rights and remedies as a grandparent in New Jersey, Weiner Law Group will be standing by and ready to answer your questions.
With decades of experience on our side and a passion for helping our clients in need, we are confident that we have the knowledge, experience, and resources necessary to fight for your grandparents’ rights.
For more information, call our office in Parsippany, or fill out our convenient contact form. We are dedicated to your cause—and go above and beyond to get you what you deserve.