What You Need to Know About Grandparents’ Rights to Visitation in New Jersey

What You Need to Know About Grandparents’ Rights to Visitation in New Jersey

There are few issues more complicated for divorcing spouses to deal with than creating a child custody agreement. Nobody wants to be the parent who sees their child less, however, this is frequently the case in a divorce. If one parent is granted sole custody of the child, the other parent is left only with visitation rights, and though this may change down the road, it can be very challenging for all parties involved. However, oftentimes, the same struggle is true for grandparents, as they oftentimes have strong bonds with their grandchildren, though if they are the parents of the child’s parent who does not have child custody, it may become very difficult for them to see the child. Please continue reading and reach out to our experienced Bergen County family law attorneys to learn more about grandparents’ visitation rights and how we can help you through the process ahead. Here are some of the questions you may have:

Will I be able to see my grandchild if my child lost custody?

For visitation rights with your grandchild, you must first file a formal motion with the court. Next, the court will consider the following factors when making your decision:

  • The relationship you have with the child’s parents
  • Whether your visitation would affect the relationship between your grandchild and his/her parents
  • The relationship you have with your grandchild
  • Whether there is any history of abuse between you and your grandchild
  • How long it has been since you have spoken with/seen your grandchild and why
  • Whether or not the court believes you are applying in good faith
  • Any other factor that the court deems relevant

Can I, as a grandparent, become my grandchild’s legal guardian in New Jersey?

Under certain circumstances, grandparents can seek custody over their grandchild. For example, if a child’s parents die or that child has been removed from his or her parent’s custody, you may seek guardianship or some other type of custody. Some of the additional reasons that New Jersey courts have warranted grandparents to take over custody of a child are as follows:

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

For any additional questions, 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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