{"id":375019,"date":"2016-03-31T21:36:01","date_gmt":"2016-04-01T02:36:01","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-jersey-law\/new-jersey-grandparent-visitation-rights.html"},"modified":"2025-05-13T12:58:26","modified_gmt":"2025-05-13T17:58:26","slug":"new-jersey-grandparent-visitation-rights","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-jersey-law\/new-jersey-grandparent-visitation-rights.html","title":{"rendered":"New Jersey Grandparent Visitation Rights"},"content":{"rendered":"\n
\n \n
\n

New Jersey Grandparent Visitation Rights<\/h1>\n
\n
\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

\n
\n
\n

Key Takeaways<\/h2>\n

Grandparent visitation rights in New Jersey allow grandparents to seek court-ordered visitation with their grandchildren, even when parents object. To obtain these rights, grandparents must prove that the visitation is in the child’s best interest. Factors considered include the child’s relationship with the grandparent and the impact on parental relationships.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

A grandparent’s presence in a child’s life can have a very positive impact in a child’s development. This is especially true when the child does not live with their immediate family members. In this situation, grandparents can ask a court to give them visitation rights<\/a>, similar to how a parent involved in a divorce may have visitation rights.<\/p>\r\n

This article describes the basics of grandparent visitation<\/a> in New Jersey. If you are a New Jersey grandparent and feel you should be more involved in a grandchild’s life, consider speaking with a family law attorney<\/a> in your area. They can explain how the law might apply to your unique situation and outline your options.<\/p>\r\n

Visitation Rights in General<\/b><\/h2>\r\n

In a child custody case<\/a>, New Jersey law often grants visitation rights to a parent who isn’t awarded physical custody. This is also known as parenting time. Visitation is most common when the parent and child have a good relationship, but other circumstances make it difficult for the child to live with the parent.<\/p>\r\n

When issuing a visitation order, the court must balance the parent’s constitutional right to maintain a relationship with their child with the child’s best interests<\/a>.<\/p>\r\n

What Are Grandparent Visitation Rights?<\/b><\/h2>\r\n

All fifty states have enacted what are often called grandparent visitation statutes<\/a>. These laws allow non-parents, such as grandparents or siblings to ask the court for the right to spend time with a child. In some cases, the court might grant visitation rights even if the child’s parent objects.<\/p>\r\n

The purpose of the laws is to strike a balance between the right of parents to raise their children as they see fit, and the belief that it is in a child’s interest to spend time with their grandparents.<\/p>\r\n

These laws either allow for court-ordered visitation when the family is not intact (by death, divorce, adoption, etc.) or when it is in the child’s best interest.<\/p>\r\n

Grandparent Visitation Rights in New Jersey<\/b><\/h2>\r\n

New Jersey’s grandparent visitation statute<\/a> allows a grandparent or sibling of a child residing in New Jersey to apply for visitation.<\/p>\r\n

According to the New Jersey statute, the applicant carries the burden of proof. This means they must demonstrate by a preponderance of the evidence <\/a>that the visitation is in the best interest of the child.<\/a> This legal right extends to families that remain together as well as those where separation, death, or divorce have split the family.<\/p>\r\n

The New Jersey Supreme Court <\/a>has established that a family court must carefully consider each case to determine whether the visitation is in the best interest of the child. If it is, then the court can establish a fair visitation schedule.<\/p>\r\n

Best Interest Factors<\/b><\/h3>\r\n

In making a determination about visitation, the court will consider the following factors:<\/p>\r\n