As we all know, legally the parents are entitled to make choices for their kid’s upbringing and welfare. But, what happens when they get divorced? Well, custody and visitation of small children frequently turn into a source of contention between the parents when a relationship is terminated by divorce or if the parents were never hitched.
Do you know that co-parenting disagreements might prevent a child from seeing their grandmother? Well, yes they can! But don’t worry as you can approach a court for lawful visitation rights if you are not allowed to see your grandchild. And, the best part is that in certain circumstances, the state of New Jersey provides grandparents’ visitation rights and even custody of children.
Grandparents’ Rights in New Jersey
As we are talking about grandparents’ rights, let us discuss a bit about how it works in New Jersey! There is no denying the fact that a grandparent’s bond with a grandchild is special and appreciated. Regrettably, New Jersey law places restrictions on grandparents’ legal rights to visitation with their grandchildren. A legal proceeding for grandparents’ rights typically takes place as a result of a divorce, when a parent dies, or when a disagreement develops between parents and grandparents.
The court will determine what is in a kid’s best interest for custody considerations if grandparents can show that they are cognitive parents to the youngster. Grandparents, who are cognitive parents, will presumably be given visitation with the kid even if the parent wins the custody dispute.
Grandparents’ Rights: How It Works In New Jersey?
When it comes to the visitation rights of grandparents and siblings, a law expressly handles it in New Jersey. But instead of siblings, grandparents, especially grandparents-in-law, are involved in cases under the legislation most often. When one parent has lost custody owing to their incapacity or death, the other parent may experience power issues with the grandparent-in-law.
According to New Jersey law, a grandparent or sibling who lives in the state can get a visitation order by demonstrating that the visitation is in the child’s greatest interests in light of the following criteria:
- The bond between the petitioner and the child.
- The bond between the petitioner and each of the kid’s parents, or the individual the child is currently residing with.
- The length of time since the petitioner’s last interaction with the child.
- The impact that visitation would have on the kid’s relationship with their parents or the individual they are now living with.
- The parental schedule between the parents in the event of a divorce or legal separation.
- The petitioner’s sincerity in making the application.
- Any past incidents of the petitioner abusing themselves physically, emotionally, or sexually.
- Anything else that is in the best interest of the child.
The law also specifies that the fact that a petitioner has previously provided full-time care for a child will be adequate proof that visitation would be in the child’s greatest interests until and unless there’s some evidence in its contract.
The Bottom Line
If you are planning to apply for visitation rights in New Jersey, always remember that the importance and intimacy of the grandparent-child relationship must be proven before arguing that limiting visits would be harmful to the kid. To demonstrate that the child will suffer emotional harm as a result of the relationship’s loss, an expert opinion could be required. The judge would like to see if the youngster would experience specific harm, according to the evidence. Connect with an experienced lawyers for the right advice and guidance, if you are a grandparent and looking forward to getting grandparents’ rights.