Do grandparents have visitation rights? This is one of the most common questions that we receive at our office. At Tanya L. Freeman, Attorney At Law, our New Jersey child custody attorneys believe in preserving healthy family relationships, even after a divorce has been finalized. This means that grandparents deserve the right to be with their grandchildren. Here is some important information on the legal visitation rights of grandparents in New Jersey.
Burden of Proof
Grandparents in New Jersey have a legal right to visit with their grandchildren after a divorce has been finalized. However, you must apply for court-ordered visitation. This means “proving” that your grandchildren’s lives would be negatively affected if you were denied the right to visit.
As always with New Jersey custody cases, the courts make their decisions based on the best interests of the child. For example, if there is already an established grandparent-grandchild relationship in place, then the courts will be more likely to reward you with visitation rights. Also, life-altering circumstances such as the death of one parent will also be taken into account.
Do Grandparents Have Visitation Rights? | Starting the Process
To begin the process of applying for grandparent visitation rights, you must first file a formal written request in the county court where your grandchild currently resides. You must then give notice to the parents of the grandchild. It is recommended that you try to reach an agreement with the parents through mediation, rather than a court case. This will make the process much easier for everyone involved.
Contact New Jersey Visitation Lawyer Tanya Freeman Today
If you have any questions regarding grandparents’ rights in regard to child custody, please contact New Jersey visitation lawyer Tanya Freeman today. We want to do what is best for your family.