grandmother and grandchild

Do Grandparents Have Visitation Rights in New Jersey?

One of the most undervalued relationships for many is that between a grandparent and their child. Unfortunately, if your relationship with your child or spouse is not on the best terms, you may find that it can impact your ability to see your grandchild. Though these are complex situations, you may wonder if there is anything you can do to help see your grandchild. The following blog explores whether or not grandparents have visitation rights and why connecting with New Jersey child visitation attorneys is in your best interest during these complicated times.

Are Grandparents Granted Visitation Rights?

In the United States, parents are typically granted full legal control over their child, meaning they can make medical, educational, and religious decisions for the child. This also means it is the parent’s right to determine who can see and spend time with their child. As such, if the parent does not want the child to see their grandparents for whatever reason, they are within their right to prohibit this.

It’s important to understand that grandparents’ rights in New Jersey do exist but you are not automatically guaranteed to receive them. If you want the right to see your grandchild, you must first petition the court. By doing so, you’ll need to prove that this is not only in the best interest of the child to spend time with you but that it could be potentially harmful to them if they can’t see you. When petitioning the court, the judge will take the following into consideration:

  • The length of your relationship with the child
  • How much time has passed from when you last saw them
  • Why the parents object to the relationship
  • If you’ve harmed the child or any children in the past
  • Your ability to give the child a safe and loving environment

Should I Connect With an Attorney?

If you want to see your grandchild, generally the best option is to connect with an experienced attorney who can help you explore your rights during these matters. Again, the rules on visitation are much stricter for third parties, even those related by blood. Your attorney can help fight to show the harm the child would endure in the event they are prohibited from spending time with you.

These matters can be incredibly emotional, which is why it’s in your best interest to connect with an attorney from Haber Silver Russoniello & Dunn. Unfortunately, these issues can cloud your judgment leading to errors that can impact the outcome of your case. Instead, working with a dedicated family law attorney can help ensure you have the best chance of a favorable outcome.  When you need help, our team is here. Connect with us today to learn how we can assist you during these times.

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