Grandparents Rights in New Jersey | What to Know

Creating a child custody agreement is a complex process for divorcing spouses. If one parent is granted sole custody, the other is only left with visitation rights. This can be challenging for everyone involved. This process can also be hard on grandparents who have strong bonds with their grandchildren. When a grandparent’s child loses custody, it can be difficult for the grandparents to see their grandchild. To learn more about grandparents’ rights in New Jersey, continue reading and contact our experienced grandparent visitation and child custody attorney. For any additional questions, give our experienced legal team a call today. We would be happy to assist you. Contact our firm today.

Can grandparents see their grandchild if their child lost custody?

You must file a formal motion with the court to attain visitation rights with your grandchild. The court will consider the following facts when making a decision regarding your visitation rights:

  • The time period since you have spoken with or seen your grandchild and why
  • If the court believes you are applying in good faith
  • Your relationship with the child’s parents
  • If is any history of abuse between you and your grandchild
  • If your visitation would impact the relationship between your grandchild and their parents
  • The relationship you have with your grandchild
  • Any other factor that the court deems relevant

Can grandparents become their grandchild’s legal guardian in New Jersey?

In some cases, grandparents can seek custody over their grandchild in New Jersey. If a child’s parent passes away or that child has been removed from their parent’s custody, grandparents may seek guardianship or other types of custody. New Jersey courts may warrant grandparents to take over custody of a child for the following additional reasons:

  • Abandonment
  • Incarceration
  • Incapacitation
  • Child abuse or neglect
  • Substance abuse
  • Certain medical conditions
  • Economic/financial limitations
  • Mental health issues

If you are a grandparent who is seeking either visitation rights or legal guardianship over your grandchild, it is important that you speak with an experienced child custody attorney. Our legal team is prepared to assist you. Give our legal team a call today to learn more about our services and how we can help with this process ahead. We are looking forward to hearing from you.

Contact our experienced Bergen County firm

At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee. To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

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