Grandparents’ Rights in New Jersey | What You Should Know

If you are going through the divorce process and you have children, your child custody agreement is most likely at the forefront of your concern. Unfortunately, though child custody battles are often most difficult for the parents and children involved, these issues can also have a very serious impact on other family members who are close to the children, such as grandparents. However, fortunately, if you are a grandparent of a child and you have a bond with that child, we are happy to say that grandparents have rights to visitation in New Jersey. To learn more about grandparents’ visitation rights and how our firm can help you, please read on and reach out to our experienced New Jersey family law attorneys. Here are some of the questions you may have:

Can I see my grandchild after a child custody case in NJ?

To receive visitation rights with your grandchild, you will have to file a formal motion with the court, and from here, the court will consider the following:

  • Your relationship with your grandchild’s parents
  • Whether being awarded visitation would affect the relationship between your grandchild and his or her parents
  • The bond you and your grandchild have
  • Whether any abuse or otherwise inappropriate behavior between you and your grandchild has been reported
  • How much time has elapsed since you last saw/spoke with your grandchild and why
  • Whether you are applying in good faith

Can a grandparent become a grandchild’s legal guardian in New Jersey?

Depending on the circumstances, grandparents can seek custody of a child. For example, if both parents die, or one parent is deemed parentally unfit, there is a very good chance that they grandparent may be the next in line to obtain custody of a child. However, to do so, you will need experienced legal counsel. Some scenarios that may warrant a grandparent obtaining custody of a child are as follows:

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

If you have any additional questions, or you believe that you are ready to get started, pick up the phone and give our experienced Bergen County family law attorneys a call today.

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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