New Jersey Grandparent Visitation Rights

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, similar to how a parent involved in a divorce may have visitation rights.

This article describes the basics of grandparent visitation 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 in your area. They can explain how the law might apply to your unique situation and outline your options.

Visitation Rights in General

In a child custody case, 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.

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.

What Are Grandparent Visitation Rights?

All fifty states have enacted what are often called grandparent visitation statutes. 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.

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.

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.

Grandparent Visitation Rights in New Jersey

New Jersey's grandparent visitation statute allows a grandparent or sibling of a child residing in New Jersey to apply for visitation.

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

The New Jersey Supreme Court 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.

Best Interest Factors

In making a determination about visitation, the court will consider the following factors:

• The relationship between the child and the applicant
• The relationship between each of the child's parents or the person with whom the child is residing and the applicant
• The time that elapsed since the child last had contact with the applicant
• The effect that such visitation will have on the relationship between the child and the child's parents or the person with whom the child is residing
• If the parents are divorced or separated, the time-sharing arrangement that exists between the parents and the child
• The good faith of the applicant in filing the application
• Any history of physical, emotional, or sexual abuse or neglect by the applicant

The court can also consider any other factor relevant to the best interests of the child.

Legal Help

By the time a grandparent feels it is necessary to go to court to force visitation with a grandchild over the objections of a parent, hostility between the parents and grandparents is likely to be high.

Mediation is often helpful in these situations. It can help both sides see the positive aspects of continuing the grandparent-grandchild bond while respecting parental authority. However, in the end, the best interests of the child outweigh either of those considerations.

If you would like to know more about visitation rights for non-parents and if this is an option for you, consider getting legal advice from an experienced family law attorney. They can explain how New Jersey's grandparent visitation laws might apply to your unique circumstances and help you decide what to do next.