Grandparents do have rights when it comes to their grandchildren, and if you are ready to exercise your rights you may be wondering what you have to do. If you want to see your grandchildren and you have not been allowed to, petitioning the court for visitation rights may be the correct option for you. Our grandparent visitation & child custody attorneys in Bergen County, NJ are here to assist you.
When Can You Ask for Visitation With Grandchildren?
Grandparents can actually ask for visitation rights at any time. Usually, they have to end up doing so after a divorce or the death of one of their grandchild’s parents. If their son-in-law or daughter-in-law gets primary custody of the child during a divorce, they may not make it a priority to let the grandparents see them. If the grandparents’s own child dies, they risk losing a relationship with their grandchild if efforts are not made to maintain it.
In cases like these, grandparents just want to be a part of their grandchild’s life and things can usually be worked out. However, if one or both parents do not want to let grandpa and grandma visit with their grandchildren for whatever reason, then they need to go to court.
What Do You Have to Show When You Ask to Visit With Your Grandchildren?
When grandparents ask for visitation rights, the burden of proof is on them. They do not just need to show that being granted visitation time would not be harmful. They actually have to show that this arrangement would be beneficial and in the best interest of the child. When deciding to grant visitation with your grandchildren, the court might consider:
- Whether you were a full-time caretaker of your grandchildren in the past
- If you financially supported your grandchildren in the past
- The existing relationship between you and your grandchildren
- When you last had contact with your grandchildren
- Your health and ability to care for a child
- Any history of abuse
- The visitation schedule shared by the parents of the child or children
Do I Need a Lawyer?
Having a lawyer on your side can help you make a more effective argument for visitation rights. If you are serious about getting the chance to bond with your grandchildren, our family lawyers can help you build the most effective possible case. It can be difficult to get the court to grant grandchildren visitation rights because the burden of proof is on you, so let the professionals help you out.
Contact Our Law Firm
If you are a grandfather or grandmother who wants to learn more about their legal rights, call our law firm and schedule a consultation. The family law attorneys at Townsend, Tomaio & Newmark will work hard to help you make the most convincing possible case for visitation with your grandchildren.