Red Bank Grandparents' Rights Lawyers

Divorces can feel emotionally draining on the spouses involved, but few people think about the strain on the grandparents and their relationships with their grandchildren. However, the grandpa and grandma in a divorce situation have rights too, especially when it comes to their involvement in their grandkids’ lives. The bond between a grandparent and a grandchild can shape the young ones’ lives for years to come, so let our Red Bank grandparents' rights lawyers at Sanvenero & Cittadino Attorneys at Law tell you what you need to know.

What Rights Do Grandparents Have in New Jersey?

Many grandparents play a significant role in their grandchildren’s upbringing, providing emotional support, financial assistance, and even daily care alongside the parents. Losing access to your grandchild can feel heartbreaking and adversely impact the kids’ development, especially during a divorce. 

New Jersey law does not grant grandparents automatic visitation rights, but under New Jersey Statutes Annotated (NJSA) 9:2-7.1, grandparents can petition the court for visitation rights. To succeed, you must demonstrate that denying your visitation request would harm the child, as New Jersey courts generally try to make determinations that serve the child's best interests. 

When in conflict, judges usually rule in favor of parental rights over that of grandparents, but they do recognize the deeply influential role of grandparent visitation. If you had a close relationship with your grandchild before the family conflicts, you might have a stronger case for visitation. Each situation is unique, and the courts examine a variety of factors—including past interactions and the overall stability and support that the grandparent can provide—to determine visitation. 

How Can You Prove Visitation Is in Your Grandchild's Best Interest?

New Jersey judges will also consider the depth and quality of your existing relationship with your grandchild, as well as your relationship with each parent or the person with whom the child resides. They will also ask you about the last contact you had with your grandchild and how visitation might affect the child's relationship with their parents. The court will also review existing custody and visitation schedules, your sincerity in filing the visitation application, any history of physical, emotional, or sexual abuse or neglect, as well as other relevant factors that pertain to the child's well-being.

If the child's parents oppose giving you visitation, you need to provide clear and convincing evidence that your grandchild’s well-being depends on a positive visitation determination. You could ask for testimony from child psychologists, present the court with communications between you and your grandkids, produce letters from teachers, doctors, or other trusted individuals who have observed your relationship with the child, or look for other evidence of a previously strong and consistent relationship with the grandchild. If the child is of the age and ability to express their own preference regarding grandparent visitation, they could testify on your behalf.

What Steps Should You Take to Petition for Visitation?

To initiate a petition for visitation rights, you must submit an application to the Superior Court in the county where your grandchild resides, as well as notify the child's parents or legal guardians about your petition. The court may order mediation or a hearing where both parties can present their cases—if you need to attend such a hearing, our visitation lawyers strongly advise seeking legal guidance and counsel. We also recommend keeping a record of any interactions you have had with your grandchild, including messages, visits, and any financial or emotional support you have provided. If you can, opt for mediation over court litigation, as the former fosters a cooperative approach that can benefit the child in the long run. 

Can Grandparents Obtain Custody of Their Grandchildren?

If you believe the parents are unfit to care for your grandchildren due to issues like substance abuse, neglect, or incarceration, you can petition the court to grant you custody on the grounds that doing so will serve the child’s best interests and give them a stable environment. Custody cases often involve more stringent legal requirements than visitation cases do, as you need to prove that the parents are unable or unwilling to provide a safe environment. If you are also convinced that your grandchild is being actively harmed or is in danger, you need to involve child protective services or seek emergency custody. While the court and all relevant government agencies investigate your claim, the court may appoint an interim guardian to determine whether giving you custody would be the most appropriate solution. 

Should you need to petition for custody and assume a parental role, you may also want to explore legal guardianship or adoption as long-term solutions. Guardianship will allow you to make important decisions regarding the child’s education, healthcare, and overall well-being while still recognizing the parents’ legal ties. In contrast, adoption will sever the parents’ rights and grant you full legal custody. 

Whatever your situation, we recognize the emotionally charged nature of family disputes, the critical importance of the court’s decision to your grandchildren’s well-being, and the overwhelming nature of the legal system. We recommend looking into seasoned legal counsel in your area to guide you through the process, as a good lawyer can make all the difference in achieving a favorable outcome.