Navigating family law can be particularly complex, especially when it comes to grandparents’ rights. At Herbert & Weiss, LLP, our experienced legal team is dedicated to helping grandparents understand and assert their rights within the framework of New Jersey law. Whether you seek visitation or custody of your grandchildren, understanding your legal position and the intricacies of the law is crucial.

NJ Grandparent’s Rights Law

New Jersey has specific statutes addressing grandparents’ rights, primarily on visitation. Under N.J.S.A. 9:2-7.1, grandparents may seek visitation with their grandchildren if they can demonstrate that such visitation is in the child’s best interest. This law recognizes the valuable role that grandparents play in the lives of their grandchildren and provides a legal pathway for maintaining these important family relationships.

The legal process requires grandparents to present a compelling case to the court. Unlike parents, grandparents do not have an automatic right to visitation. The court evaluates several factors to determine whether granting visitation is appropriate, including the relationship history between the grandparent and grandchild, the effect of visitation on the child, and any history of abuse or neglect.

When Will Grandparent Visitation Be Awarded in NJ?

Securing visitation rights as a grandparent involves proving to the court that such visitation is essential for the child’s well-being. 

Courts in New Jersey consider the following key factors when determining whether to award visitation:

• The grandparent and grandchild’s relationship: If a grandparent and grandchild have an established close and loving relationship, the court will see this as a factor in favor of granting visitation time. Grandparents who cannot show that they have long been a part of their grandchild’s life and have not attempted to change that fact will be less likely to convince a court that the parents should be compelled to provide visitation time now.
• The relationship between the grandparent and parents or guardians of the child: The court may decide that it would not be in the child’s best interests to award visitation time if doing so would expose the child to serious conflict between the grandparent and parent.
• The elapsed time since the grandparent last had contact with the child: If years have passed since the grandparent last contacted the child, the court may find that awarding visitation time would be too disruptive.
• The effect of visitation on the child’s relationship with their parents or guardians: If the relationship between the child’s grandparents and their parents (either the child or in-law of the grandparent) is riddled with conflict, ordering visitation between the grandchild and child could have negative consequences for the child.
• The effects of grandparent visitation on a parent’s visitation time with their child if the parents are divorced: Parenting time will be given priority over grandparenting time. Courts are unlikely to order visitation time with a grandparent if that visitation would cut into a parent’s time with their child to an unreasonable degree.
• The grandparent’s good faith in filling out the application for visitation time: Courts will look for signs that an application was made merely to inconvenience or prolong conflict with the parent rather than out of a genuine desire to sustain the relationship between grandparents and grandchild.
• Any history of abuse or neglect by the grandparent and
• Other relevant factors.  

Grandparents’ Rights vs. Parents’ Rights

In New Jersey, parents’ rights are constitutionally protected and often take precedence in legal disputes. The presumption is that fit parents act in their children’s best interests. Therefore, grandparents face a significant challenge when seeking visitation or custody, particularly if it contradicts the parents’ wishes.

However, the law also acknowledges scenarios where grandparents’ intervention is crucial. For example, if the parents are deemed unfit due to issues like substance abuse, mental illness, or a history of neglect, grandparents may seek custody. Additionally, in cases where the child has been living with the grandparents for an extended period, the court might recognize the stability provided by the grandparents and grant custody or extensive visitation rights accordingly.

Navigating these complex legal waters requires a nuanced understanding of state laws and family dynamics. Our attorneys at Herbert & Weiss, LLP, are skilled at balancing these factors to advocate effectively for grandparents’ rights.

Contact Our Bergen County Grandparents’ Rights Attorney Today

Understanding and asserting grandparents’ rights in New Jersey requires a detailed knowledge of family law and a compassionate approach to family dynamics. Herbert & Weiss, LLP, is committed to guiding grandparents through this challenging process, ensuring that the grandchildren’s best interests are always the top priority. If you are a grandparent in Bergen County seeking visitation or custody, our dedicated team is here to provide the legal support and advocacy you need.  

Check out related content on our blog: How Do I Get Temporary Custody of My Grandchildren in New Jersey?