What are Grandparents’ Custody Rights in New Jersey?

When a divorcing couple has children, the proceedings can impact more than just them. Just as parents worry about the amount of time they will be able to have with their children, so do grandparents. In most cases, New Jersey courts encourage the involvement of grandparents in a child’s life. This is because it can allow for positive development throughout their upbringing. It is because of this that grandparents have rights they can fight for as well. Continue reading below to learn more and contact a New Jersey family law attorney for help with your case. 

How do Grandparents Receive Rights?

When grandparents want rights to visit their grandchildren, they are required to file a formal motion with the court. When determining whether or not to allow these rights, the court will consider several factors. This can include the following:

• The relationship between the parents and the grandparent
• The effect the visitation will have on the relationship between the child and the child’s parents
• The time-sharing arrangement between the parents and the child
• The relationship between the child and the grandparent
• Any history of abuse (physical, emotional, sexual) or neglect by the grandparent
• The amount of time since the child last saw their grandparent and the reasons for any lapse in contact
• If one parent is deceased, the court may consider the time-sharing agreement that was previously established with the deceased parent 
• The good faith of the grandparent while applying
• Any other factor pertaining to the best interests of the child

Can a Grandparent Become a Guardian?

When a child loses their parent or is removed from their custody, it is an extremely emotional situation. In the event of this, it is possible for grandparents to become the child’s legal guardian. In some situations, grandparents can even request custody of their grandchild from the parents. This may be in the event of:

• Incapacitation
• Economic limitation
• Abandonment
• Child abuse or neglect
• Substance abuse
• Mental health matters
• Incarceration
• Medical conditions

Contact our Firm

If you require strong legal representation for matters related to divorce or family law, Haber Silver Russoniello & Dunn is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.