Grandparents are an integral part of a family structure, and their presence can be essential in a child’s upbringing. However, when a grandparent is denied access to their grandchildren, it can be a devastating experience for both the grandparent and the child. That’s why several states have laws that protect grandparents’ rights, including New Jersey. In this blog post, we’ll explore what grandparents’ rights are in New Jersey
In New Jersey, grandparents’ rights fall under the category of third-party visitation rights. Third-party visitation rights allow non-parents to seek visitation or custody of a child under certain circumstances. These circumstances include situations where the child’s parents are deceased, divorced, or separated.
To obtain visitation rights as a grandparent, you must prove that it’s in the best interest of the child. The best interest of the child is determined by several factors, including the child’s relationship with the grandparent, the relationship between the child’s parents and the grandparent, and the physical and emotional health of the child and the grandparent.
Grandparents must also prove that they have been unreasonably denied visitation. In other words, they must show that they have attempted to maintain a relationship with their grandchild, but the parents have unreasonably denied them access.
It’s essential to note that grandparents’ rights in New Jersey are not absolute. The court will always prioritize the parents’ rights and their decision-making authority concerning their child. Grandparents will only be granted visitation rights if it’s in the child’s best interest and the parent’s decision to deny them visitation is unreasonable.
In some cases, grandparents may also seek custody of their grandchildren. To obtain custody, grandparents must prove that the child’s parents are unfit to care for the child or that living with the parents would be detrimental to the child’s health and welfare.
It’s worth noting that grandparents’ rights in New Jersey are not automatic, and seeking visitation or custody can be a complicated process. If you’re a grandparent seeking visitation or custody of your grandchild, it’s essential to consult an experienced family law attorney who can guide you through the legal process.
It’s also worth noting that New Jersey’s grandparents’ rights laws are relatively broad compared to other states. In many other states, grandparents can only seek visitation or custody if the child’s parents are divorced, separated, or deceased. In New Jersey, grandparents can also seek visitation or custody if the child’s parents were never married.
Additionally, New Jersey’s grandparents’ rights laws extend beyond biological grandparents. Step-grandparents, foster grandparents, and even former stepparents who have maintained a relationship with the child can seek visitation or custody.
If you’re a grandparent seeking visitation or custody, it’s important to understand that the legal process can be emotionally charged and complex. It’s essential to work with an experienced family law attorney who can guide you through the process and help you understand your rights and legal options.
Grandparents play an important role in a child’s life, and it can be devastating for both the grandparent and the child when access is denied. New Jersey recognizes grandparents’ rights and allows them to seek visitation or custody under certain circumstances. If you’re a grandparent seeking visitation or custody, it’s important to consult an experienced family law attorney to help you navigate the legal process and protect your rights.
As a law firm with experience in handling grandparents’ rights cases in New Jersey, we understand the importance of maintaining a healthy relationship between grandparents and their grandchildren. At Freeman Law Center, LLC., we can provide you with the guidance you need to navigate the legal process, understand your rights and legal options, and build a strong case to support your request for visitation or custody.
Our attorneys have a deep understanding of New Jersey’s laws regarding grandparents’ rights and are committed to providing compassionate and effective representation. We can work with you to gather evidence, prepare legal documents, and represent you in court, advocating for your rights and the best interests of your grandchild.
We also handle a range of family law matters, including divorce, child custody, and child support. Our team has a proven track record of success and can provide you with the experienced legal representation you need to achieve a favorable outcome.
If you’re a grandparent seeking visitation or custody of your grandchild in New Jersey, we can help. Contact Freeman Law Center, LLC. today to schedule a consultation and learn how we can support you in your case.