Many parents dream about the days their children will have children. However, there are many different family dynamics, which can impede the ability to see grandchildren. For example, if your child divorces their partner while losing custody, you may worry about how it will impact your ability to see your grandchildren. Luckily, New Jersey has laws that allow grandparents to fight for visitation rights. If you’re a concerned grandparent, you’ll want to keep reading to learn what you must know about this process and discover how New Jersey child visitation attorneys can help you through this process.
What Factors Determine if Grandparents Have Visitation Rights?
There are a number of factors that the courts will consider when determining if a grandparent has the right to visit their biological grandchild. These include, but are not limited to, the following:
- If the child lived with the grandparents for more than six months
- If the grandparents are actively involved in the child’s life
- Whether or not the grandparents financially support their grandchild
- If the child would be at risk while around the grandparents
It’s also important to understand that if your grandchild is adopted by anyone other than a step-parent, all legal rights are transferred to the adoptive parent’s relatives. However, you may still be able to fight for visitation rights if the courts determine it’s in the best interest of the child to continue having a relationship with you.
How Can I Fight for Custody as a Grandparent?
If you are a grandparent looking to fight for custody of your child, understanding what you must do is essential. Unfortunately, this can be a complex legal issue, so it’s in your best interest to enlist the assistance of an experienced attorney to help you navigate the complexities of this matter.
To begin the process, you must file a petition with the court in the county you currently reside in. This is a formal request stating your wishes to pursue visitation rights for the child. Included in the petition will be your relationship with the child and a request for a hearing. In the event you already have visitation rights as a grandparent but wish to modify or enforce them, you’ll want to include the current court-ordered agreement. If the request is granted, you must give the child’s parents a notice, as the court will encourage you all to participate in mediation prior to a court hearing.
Unfortunately, the rights of grandparents are often overlooked when determining the visitation rights of a child. However, the team at Haber Silver Russoniello & Dunn understands the integral role these family members play in the lives of children. As such, we will do everything possible to help you receive the right to visit your grandchild. Contact us today to discuss the details of your circumstances with a member of our dedicated legal team.