Grandparents may be eligible to obtain court-ordered visitation with their grandchildren under New Jersey’s Grandparents and Sibling Visitation Statute. However, it’s critical to understand that visitation is not guaranteed. Grandparents seeking visitation must show that visitation is in the best interest of the child, and, in many instances, that the child would suffer harm if visitation is denied. Continue reading to learn what your visitation rights are as a grandparent and how an experienced Morristown parenting time lawyer at Graves Andrews, LLC can help you exercise the full extent of these rights.
What Are Grandparent Visitation Rights in New Jersey?
The state of New Jersey enforces what is known as the Grandparents and Sibling Visitation Statute. Essentially, this statute holds that a grandparent has the right to obtain a visitation order from the New Jersey family court to see a custodial parent’s child. So, to officially request a visitation order in Morris County, Monmouth County, or anywhere in New Jersey, you must submit your petition to the New Jersey county court where your grandchild resides or where their custody order was decided.
In this application, you must stress how spending time with your grandchild will work in their best interest. Further, you may even state how this is your grandchild’s preference, so long as they are already of a mature age. If your application is approved, the court may take the parenting time already scheduled and add grandparenting time accordingly.
Importantly, New Jersey courts typically require more than showing that visitation with grandparents would be beneficial. In fact, grandparents must typically show that the child will likely suffer harm if the relationship is not maintained. As parents are afforded a constitutional right to make decisions regarding their child, including who can and cannot have a relationship with the child, courts must carefully consider visitation requests before granting them.
New Jersey courts typically begin these matters with the presumption that a parent is fit to act in the best interests of their child. However, grandparents seeking visitation must present evidence demonstrating that the denial of visitation would likely result in harm to the child.
Key Requirements for Grandparent Visitation Requests
- The grandchild resides in New Jersey
- The grandparent files a petition with the appropriate New Jersey Court
- The requested visitation supports the child’s best interests
- The grandparent has evidence to show a strong grandparent-grandchild relationship
- The grandparent can show that the child would potentially suffer harm if visitation is denied
- The request is made in good faith and not as a means of interfering with parental rights
What Factors Do New Jersey Courts Consider When Determining Grandparent Visitation?
When evaluating a grandparent visitation request, New Jersey courts, including those in Morris County, will consider a number of factors related to the health and well-being of the child, family dynamics, and the current relationship between the grandparent and grandchild.
Factors Commonly Evaluated by the Courts
- The relationship between the grandparent and the grandchild
- The relationship between the grandparent and the child’s parents
- If the petition was filed in good faith
- The current parenting time arrangement
- Any history of emotional or physical abuse
- Impact of visitation on the child’s relationship with their parents
- The reason behind lapses in communication
- How much time has passed since the grandchild last saw the grandparent
What Types of Grandparent Visitation May be Awarded in New Jersey?
Depending on the circumstances of the case, the court can establish a visitation schedule that not only respects the rights of the parent but also serves the best interests of the child.
Potential Forms of Grandparent Visitation
- Holiday visitation
- Telephone or video call visitation
- School vacation visitation
- Scheduled weekend visitation
- Supervised visitation when circumstances warrant additional oversight
- Unsupervised visitation when the court determines it is appropriate
As A Grandparent, Is It Possible to Gain Custody Rights?
Unfortunately, it may only be under extreme circumstances that the New Jersey family court will approve your petition for custody rights over your grandchild. This is because the court typically assumes that it is in your grandchild’s best interest to be cared for by both parents.
Circumstances That May Support a Grandparent Custody Request
- One of your grandchild’s parents willingly relinquishes their custody rights.
- One of your grandchild’s parents denies access to the child without any reasonable grounds.
- One or both of your grandchild’s parents are unable to offer a stable home environment for the child.
- One or both of your grandchild’s parents have employment responsibilities that interfere with the child’s care.
- One or both of your grandchildren’s parents have a declining physical or mental health record.
- One or both of your grandchild’s parents have a history of substance abuse or even a criminal record.
- One or both of your grandchild’s parents have a history of domestic violence, child abandonment, or child neglect.
What Evidence Can Support a Grandparent Visitation Petition?
It’s critical to understand that all requests for grandparent visitation are unique. However, the court often places additional weight on evidence that helps show a meaningful and beneficial relationship between the grandparents and the grandchild.
Evidence Often Used in Grandparent Visitation Cases
- Records showing frequent and consistent contact with the child
- Photographs to show your relationship with the child over time
- Testimony from other family members
- Involvement in the child’s education, health, or caregiving
- Documentation that shows the child could suffer harm if contact is discontinued
Contact an Experienced Morris County Family Law Firm Today
All in all, to maintain the relationship with your grandchild, you must turn to a skilled Morristown family law attorney. So please get in touch with us at Graves Andrews, LLC as soon as you possible to discuss your circumstances. Contact us today to learn how we can help you.