Sometimes, it is difficult to obtain visitation of a child if you are anyone other than the custodial parent. Specifically, noncustodial grandparents will have to obtain something known as a visitation order from the court in order to make a relationship with their grandchild possible. If you find yourself stuck in this situation, read on to see how a proficient Morristown parenting time lawyer at Graves Andrews, LLC can assist you in proving that your presence in your grandchild’s life will do nothing but better their wellbeing.
How can a grandparent request a visitation order in New Jersey?
New Jersey’s Grandparents and Sibling Visitation Statute allows a grandparent of a child residing in New Jersey to make an application for visitation. You must prove that the visitation is in the best interest of your grandchild. You may also file a petition in the county court where the child lives or in the court making custody and visitation orders regarding your grandchild. As long as the application is approved, the court should pass down and legally recognize the visitation order. Depending on the circumstances, this visitation can either be supervised or unsupervised.
What factors are considered for a visitation request?
New Jersey law states that you cannot simply establish that visitation is in the child’s best interest, but you must also prove that harm to the child will be the result if visitation is not awarded. Moreover, New Jersey courts will consider the following factors when making a decision regarding visitation:
- The relationship between the parents and the grandparent.
- The relationship between the child and the grandparent.
- The good faith of the grandparent while applying.
- The time-sharing arrangement between the parents and the child. If one parent is deceased, the court may consider the time-sharing agreement that was previously established with the deceased parent.
- The effect the visitation will have on the relationship between the child and the child’s parents.
- Any history of physical, emotional, or sexual abuse or neglect by the grandparent.
- The amount of time since the child last saw their grandparent and the reasons for any lapse in contact.
If you are a grandparent who is seeking visitation rights, it is essential that you reach out to a talented Morristown family law attorney today who will help you in filing a visitation request.
Contact Our Experienced New Jersey Firm
Graves Andrews, LLC is an experienced Morris County family law firm serving all of New Jersey. Contact Graves Andrews, LLC to schedule an initial consultation to learn more about our services and how we can assist you. Reach out to our experienced attorneys today to get started.
