Contact Us for a Free Case Evaluation (732) 965-3404

Grandparents’ Rights In New Jersey

Grandparents' rights in New Jersey fall under the jurisdiction of New Jersey statute N.J.S.A. 9:2-7.1. This statute states that if a parent denies a grandparent his or her right to visit with a grandchild, then the grandparent has a right to file a court application for an order seeking visitation.

However, it is up to the grandparent to show or prove to the court that the visitation is in the best interest of the grandchild or grandchildren. The grandparent can state that he or she was at one time a full-time babysitter or caretaker for the child or children in question and unless this can be contradicted by the parent, this is deemed suitable evidence to allow the visits to occur and/or continue.

Grandparents rights do not only come into play during a divorce. If a spouse dies or there is a legal separation, grandparents can still petition the court to protect their rights to have contact with their grandchildren. Therefore, if your right to visit your grandchildren is being withheld from you unfairly, you have a right to take the issue up in the New Jersey family court.

What Will The Courts Consider?

grandparents

When trying to determine whether or not the grandparents can have a visitation order set up, the court will do their best to ascertain the relationship between the child / children and the grandparent as well as the relationship between each of the child's parents and the grandparent. They will also look at the amount of time that has passed since the last visit or contact and what effect beginning visits again will have on the child and the grandparents as well as the effect on the relationship between the child and his or her parents as a result of these visits.

They will weigh the good intentions of the grandparent and the specific reasons he or she has for filing the request for visitation and will seek to learn if there is any history of sexual abuse, emotional abuse or physical abuse. As long as there is no evidence of abuse and you can explain your reasons for wanting to be a constant presence in your grandchildren's lives, you will be able to make a clear argument for the right to visit your grandchildren.

Are Visits Ever Denied?

For a visit to be denied, there must be evidence that the grandparents visit will cause psychological or physical harm to the child. This must be shown and specifically identified; it cannot just be an overall general feeling. This means, the parent would have to show the New Jersey Family Court that a specific harm will be done to the child if he or she is in the grandparents' presence for any period of time.

gavel on book

Additionally, visits will be granted if the grandparent can show that the removal of his or her presence from the life of the child will cause serious emotional or psychological harm. So, as the grandparent, if you can show to the courts that your lack of presence in the life of your grandchild will bring them undue suffering or emotional harm or depression, then the courts may rule in your favor.

Grandparents who have previously had personal relationships with their grandchildren whose rights to visit are now being denied due to divorce or other changing circumstance can make the application for visits to the courts.

Call Villani & DeLuca, P.C. Today

If you are a grandparent whose rights to visit your grandchild or grandchildren are not being upheld, you need to seek experienced legal advice as soon as possible. Are you not able to see your grandchild or speak to him or her as often as you like? Do you feel you have been unfairly removed or blocked from your grandchild's life? Do you want to continue to be a part of his or her childhood? Call Villani & DeLuca, P.C. today. We have experienced attorneys waiting to assist you through this difficult process and who will work hard to protect your grandchildren.


Serving the Ocean and Monmouth County areas of New Jersey, assistance is just a phone call away. Contact us at 732-965-3404 today—we are here to help!

 

Vincent DeLuca, Esq.

As a founding partner at Villani & DeLuca, Vincent DeLuca is one of only a few Certified Matrimonial Law Attorney in Ocean County, New Jersey. Mr. DeLuca has helped many clients navigate the delicate details of their own divorce. Mr. DeLuca is also a trained divorce mediator and collaborative divorce attorney. Call today at (732) 965-3404 to speak to Mr. DeLuca or one of our experienced NJ Divorce Lawyers.

Office Location

703 Richmond Avenue
Rt. 35 South
Point Pleasant Beach, NJ 08742
(732) 965-3404
(732) 892-9053 (fax)

Menu