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New Jersey grandparent visitation rights

Grandparents often share an extraordinary bond with their grandkids, one they will be heartbroken to have to sever (physically). Of course, broken hearts will be experienced on the grandkids' ends, too. In many cases, grandparents can demand to spend time with their grandchildren following a divorce. In the state of New Jersey, for example, state law supports grandparents who wish to visit with their grandkids by offering grandparents the ability to submit an application for visitation. In order to gain visitation rights, however, grandparents must prove that visitation will serve the best interests of the child or children involved.

New Jersey's statute on grandparent visitation applies to all family scenarios -- including families that are still together, divorced families and parents who were never married. In deciding whether or not to grant visitation, here's what the court will consider:

  • What is the relationship like between the grandparent and the child?
  • What is the relationship like between the parents and the grandparent?
  • How long has it been since the child was in contact with the grandparent?
  • Will visiting with the child have a good or bad effect on the child's relationship with the parents?
  • What kind of parenting plan exists between the parents of the child, if they are not together.
  • Is the applicant filing in good faith?
  • Does the grandparent have a history of sexual, emotional or physical abuse or neglect?
  • Other factors that may be important to the court's consideration.

A New Jersey court may be willing to award grandparent visitation rights in many cases. However, grandparents will want to formulate their legal arguments for visitation with care.

Source: Barli & Associates LLC, "Child Custody," accessed Oct. 20, 2017

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