Grandparent Rights in New Jersey | Bhatt Law Group
 
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Grandparent Rights

If you are a grandparent who would like to obtain child custody or visitation, you should consult an experienced Jersey City custody lawyer from Bhatt Law Group. An attorney will take the time to understand your unique situation and identify how grandparent rights can protect your relationship with your grandchild.

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New Jersey Custody Lawyer - Grandparent Rights

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In New Jersey, grandparents have the right to seek custody and visitation with a grandchild in certain circumstances. Custody and visitation can give grandparents parenting time so that they can visit a grandchild during the day, in the evening or on the weekends.

If you are a grandparent who would like to obtain child custody or visitation, you should consult an experienced Jersey City custody lawyer from Bhatt Law Group. An attorney will take the time to understand your unique situation and identify how grandparent rights can protect your relationship with your grandchild.

Call Bhatt Law Group at (201) 798-8000 today to find out how we can help you.

New Jersey’s Grandparent’s Visitation Statue

New Jersey’s Grandparent’s Visitation Statute, N.J.S.A. 9:27.1 gives grandparents who reside in the state the right to apply for visitation. If you’d like to apply for visitation, you must prove that doing so is in the best interests of your grandchild. The court will take the following eight factors into consideration when determining whether visitation is in fact in the best interests of the child:

  • The child and grandparent relationship
  • The parent and grandparent relationship
  • The time that has elapsed since the child last saw the grandparent
  • The effect that such visitation will have on the relationship between the child and the child’s parents
  • If the parents are divorced or separated, the time sharing arrangements which exist between the parents with regard to the child
  • The good faith of the grandparent filing the application
  • Any history of physical, emotional, or sexual abuse or neglect by the applicant
  • Any other factors relevant to the best interests of the child

You will be responsible for proving that if your request for custody or visitation is denied, your grandchild will be harmed. Judges will look at testimony from others that show your grandchild will suffer if you visitation rights are not granted. They will also determine whether your grandchild is coping with the death of a parent or their parent(s) have a criminal history or abuse alcohol or drugs. Any significant changes to your grandchild’s home that arose during or after a separation or divorce will be accounted for as well.

The Process to Gain Custody and Visitation Rights

Once you decide that you’d like custody or visitation rights, you will be required to file a petition in the county court where your grandchild lives or in the court that is making custody and visitation orders for them. The petition will describe your current relationship with your grandchild and your proposed schedule for court-ordered visitation. In the event that you already have visitation rights or your grandchild’s parent is not allowing you to visit, you can ask the court to make changes to the order.

After you’ve filed your petition, you must notify the living parents of your grandchild. Prior to scheduling a hearing, the court will encourage you to come to an agreement with your grandchild’s parents. Since this process can become quite complex, contacting a Jersey City custody attorney who can guide you through it and make sure your rights are upheld is essential.

Contact a Jersey City Custody Lawyer at Bhatt Law Group

It’s important to understand that each grandparent visitation case is fact sensitive. Therefore, if you’d like custody or visitation rights with your grandchild, you should seek legal support immediately. A Jersey City custody lawyer from Bhatt Law Group can ensure that your case is presented to the court in the strongest manner possible.

Our firm has over 10 years of experience collaborating with families to achieve an outcome that is right for all family members. We stay up to date on the constantly evolving grandparents’ rights and can help you achieve the visitation or custody of your grandchildren you desire. Call us today at (201) 798-8000.

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Frequently Asked Questions

What rights do grandparents have in New Jersey regarding custody and visitation?

In New Jersey, grandparents have the right to seek custody and visitation with their grandchildren under certain circumstances, as outlined in the Grandparent’s Visitation Statute.

How can I apply for visitation as a grandparent?

To apply for visitation, you must file a petition in the county court where your grandchild lives and prove that visitation is in the best interests of the child.

What factors does the court consider when determining grandparent visitation?

The court considers factors such as the relationship between the child and grandparent, the time elapsed since their last visit, and the impact of visitation on the child's relationship with their parents.

What should I do if my visitation rights are being denied?

If your visitation rights are denied, you can file a petition to the court to request changes to the existing visitation order.

Is it necessary to hire a lawyer for grandparent custody or visitation cases?

Yes, hiring an experienced custody lawyer can help navigate the complex legal process and ensure your rights are upheld.

What is the process for gaining custody or visitation rights?

The process involves filing a petition, notifying the child's parents, and potentially reaching an agreement before a court hearing.

What evidence do I need to provide to support my visitation request?

You must provide evidence showing that denying visitation would harm your grandchild, including testimonies and any relevant history of the child's home situation.

How long does the process for obtaining visitation rights take?

The duration can vary based on the complexity of the case and the court's schedule, so it's best to consult with a lawyer for a more specific timeline.

Can I change an existing visitation order?

Yes, you can request changes to an existing visitation order by filing a petition with the court.

How can Bhatt Law Group assist me with my grandparent visitation case?

Bhatt Law Group can provide legal support, help present your case effectively, and guide you through the complexities of the visitation process.

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