New Jersey Grandparents’ Rights Lawyers

The bond between grandparents and grandchildren is often incredibly special, offering children love, support, and stability. However, when family relationships break down due to divorce, separation, or other circumstances, grandparents may be cut off from their grandchildren. In such cases, grandparents might seek legal action to ensure that they can maintain or establish a relationship with their grandchildren. Grandparents’ rights in New Jersey are protected under certain circumstances, but the legal process can be complex.

If you are a grandparent in New Jersey seeking custody, visitation, or any other form of access to your grandchildren, Sanvenero & Cittadino Attorneys at Law can help. Our New Jersey grandparents’ rights lawyers are experienced in advocating for grandparents and ensuring their rights are protected.

What Are Grandparents’ Rights in New Jersey?

Grandparents’ rights refer to a grandparent’s ability to petition the court for visitation, custody, or even guardianship of their grandchildren. In New Jersey, these rights are not automatically granted but may be considered when the child’s well-being or best interests are at risk. Courts recognize that a grandparent’s relationship with their grandchildren can be important to their emotional, psychological, and social development.

However, New Jersey law balances these rights with parents’ fundamental rights to make decisions about their children’s upbringing. The state generally prioritizes parental rights when it comes to decisions about visitation and custody. That said, grandparents can still pursue legal remedies under certain circumstances.

When Can Grandparents Seek Custody or Visitation?

Grandparents in New Jersey can seek visitation or custody if certain conditions are met. These situations may include, but are not limited to:

• Parents Are Divorced or Separated: If the child’s parents are no longer together, the court may grant visitation rights to grandparents, provided that the child’s best interests are served. The court may also award custody if it believes that the child is in an unsafe or unstable home environment.
• The Child’s Parents Are Deceased: If one or both parents of a child have passed away, grandparents may petition for custody or visitation if they can show a significant bond with the child or if they are best suited to care for the child.
• The Child Is Being Neglected or Abused: In cases where a child is in an unsafe or harmful environment, grandparents may seek custody if they believe that the child is being neglected or abused by the parents or legal guardians. In these cases, the courts may grant custody to the grandparent as a protective measure.
• The Parents Are Unfit: If one or both parents are deemed unfit to raise the child due to issues like substance abuse, domestic violence, mental illness, or other factors, the court may grant custody to the grandparent if it is in the best interests of the child.
• The Child Has Been Living With the Grandparents for an Extended Period: If a grandparent has been the primary caregiver for a child for a significant period of time (i.e., months or years), they may be able to petition for custody or visitation rights. In these cases, the court may prioritize the child’s established relationship with the grandparent and the stability they provide.

How the Courts Determine Grandparents’ Rights

In New Jersey, the courts will evaluate various factors before deciding on grandparents’ rights. The primary consideration is always the best interests of the child. The courts will assess:

• The Relationship Between the Grandparents and the Child: Courts will consider the strength of the grandparents’ bond with the child. If the grandparents have been actively involved in the child’s life and have a significant relationship with them, this will be taken into account.
• The Impact on the Child’s Well-Being: The court will examine whether granting or denying grandparents’ rights will positively or negatively impact the child’s emotional, psychological, and developmental well-being. If the child has a close relationship with the grandparents, the court may be more inclined to allow visitation or custody.
• The Parent’s Rights: New Jersey law acknowledges that parents can make decisions regarding their children’s upbringing. The court will consider whether granting visitation or custody to grandparents would interfere with the parents’ rights to raise their child as they see fit. However, when necessary, the court will prioritize the child’s best interests over parental preferences.
• The Child’s Preferences: In some cases, if the child is old enough to express their opinion (usually over the age of 12), the court will consider their wishes regarding visitation or custody with grandparents.
• The Grandparents’ Ability to Provide for the Child: The court will also evaluate whether the grandparents are capable of providing a stable, supportive environment for the child. This includes assessing their financial and emotional stability and ability to meet the child’s needs.

What Does the Legal Process Involve?

Obtaining grandparents’ rights in New Jersey typically involves filing a petition with the court. If the court agrees that the grandparents have a valid claim, it may schedule a hearing to examine the facts of the case. Here is a general overview of the legal process:

• Filing a Petition: The first step is to file a legal petition with the court to request visitation or custody. This petition should detail why the grandparent believes it’s in the child’s best interest to have a relationship with them, citing relevant circumstances such as the child’s living situation or the relationship between the grandparent and the child.
• Court Hearing: After the petition is filed, the court will schedule a hearing. During the hearing, both the grandparents and the parents will present evidence and testimony regarding the situation. The court will evaluate the facts and determine whether the grandparent has standing to request custody or visitation.
• Guardian Ad Litem: In some cases, the court may appoint a guardian ad litem (an independent representative) to advocate for the child’s best interests during the proceedings. This person will investigate the family situation and provide the court with a recommendation based on what they believe is best for the child.
• Court Decision: After reviewing the evidence, the court will decide on the grandparents’ rights. If the court grants visitation or custody, it will issue an order outlining the specific terms. If visitation is awarded, the court may establish a schedule, or in custody cases; it will outline the legal and physical custody arrangement.

How Can a New Jersey Grandparents’ Rights Lawyer Help?

Navigating the legal system can be difficult, especially regarding family law issues. If you are a grandparent seeking visitation or custody of your grandchildren, Sanvenero & Cittadino Attorneys at Law can help guide you through the process. Our experienced New Jersey grandparents’ rights lawyers understand the sensitive nature of these cases and will work to ensure that your rights are upheld.

Whether you are seeking regular visitation with your grandchildren or pursuing full custody, we are dedicated to advocating for your interests and helping you establish a meaningful relationship with your grandchildren. We will work closely with you to assess your case, prepare for hearings, and represent your interests in court.

Contact the Experienced New Jersey Grandparents’ Rights Lawyers at Sanvenero & Cittadino Attorneys at Law for More Information

If you are a grandparent seeking to establish visitation, custody, or guardianship of your grandchildren, contact the New Jersey grandparents’ rights lawyers at Sanvenero & Cittadino Attorneys at Law today. Our team is committed to ensuring that the child’s best interests are served while protecting your right to have a relationship with your grandchildren. Call 732-743-9665 or complete our online form to schedule a free consultation. Located in Red Bank, New Jersey, we serve clients in Monmouth County, Middlesex County, and Ocean County.