The relationship between a grandparent and their grandchild is something precious, priceless, and irreplaceable. However, there are times when divorce, the death of a parent, or family conflict disrupts that relationship, and grandparents may find themselves unexpectedly cut off. 

Fortunately, New Jersey grandparents do have legal options, and seeking court-ordered visitation is a possibility. In limited cases, receiving custody may even be attainable. However, any grandparent hoping for the courts to rule in their favor must present a compelling, evidence-backed case. The best way to do that is with the help of an experienced family law attorney.

At Joseph J. Russell Divorce & Family Law Attorney, we proudly fight for New Jersey grandparent visitation rights. Our team knows how beneficial a strong grandparent-grandchild relationship can be for a child. We are dedicated to maintaining that cherished bond in any way we can. 

Grandparents’ Rights in New Jersey

It is a parent’s legal right to raise their children any way they see fit. However, New Jersey also recognizes the critical role a grandparent can play in a child’s development and emotional well-being. While grandparent legal rights do not trump the parents’, courts often find room for balance between the two – provided the grandparent can prove that denying visitation would harm the child. 

The Legal Basis for Grandparents’ Rights in New Jersey 

Under New Jersey law, filing for grandparent visitation in NJ can be done through the Superior Court. However, the burden falls squarely on the grandparents to prove that legally upholding their relationship with their grandchild is in the best interests of the child.

Grandparents seeking visitation are up against a strong precedent set by Moriarty v. Bradt in 2003. This New Jersey Supreme Court case ruled that courts must presume that a fit parent’s choice to deny visitation is in the child’s best interest. The grandparent must clearly show it is more likely than not that their absence might cause actual or potential physical or psychological harm to the child for the court to grant visitation.

While earning NJ court-ordered grandparent visitation is no simple task, it is also not an impossible one. We can work to help you build a strong case backed by facts and evidence that can prove to the court that upholding your relationship with your grandchild is the best decision for the child’s well-being. 

Grandparent Custody 

In certain situations, grandparents may be granted custody of their grandchild. However, these cases are rare and require exceptional circumstances. Those circumstances most frequently involve unfit parents who are struggling with substance abuse or mental illness or have neglected, abused, or abandoned their child. In these cases, the court may remove custody from the parents and place them with the grandparent if they can provide a stable, safe, nurturing home environment. 

When Can Grandparents Petition for Visitation?

Not every situation qualifies for grandparents’ rights in New Jersey. Some family circumstances that may warrant petitioning for visitation include:

  • Divorce or separation of parents – If the child’s parents are no longer together, one parent might restrict contact with the other side of the family, including grandparents. If your child is no longer in contact with their former spouse and you are unjustly cut off from your grandchildren because of it, the court may grant visitation. 
  • Death of a parent – If your child passes away, you may have access to your grandchild severely limited by the surviving parent. In these cases, courts frequently uphold New Jersey grandparent visitation rights, especially when the grandparents played a significant role in the child’s life before the loss. 
  • Family estrangement or conflict – Sometimes disputes between parents and grandparents escalate to the point where visitation is denied altogether. Grandparents seeking visitation in these cases may be viewed favorably by the court if the separation is shown to be harmful to the child.
  • Out-of-home placement or foster care – When the child is removed from the parental home and placed in foster care or with other relatives, grandparents may petition for visitation or even custody. Courts generally prefer the child to remain with familiar family members, particularly if the grandparent has already been part of the child’s life.

Fighting for NJ court-ordered grandparent visitation can be a challenging and emotional task. With an experienced family law attorney fighting alongside you, the process can be much easier. The team at Joseph J. Russell Divorce & Family Law Attorney is committed to helping you navigate these challenges and seek to remain connected with your grandchild.

Legal Criteria the Court Considers

When filing for grandparent visitation in NJ, it is important to know what guides the court’s decisions in these cases. The most important thing to any New Jersey family court will always be the child’s best interests, not the desires of the grandparents or parents. To determine if visitation is in their best interest and will prevent causing harm, the court will consider the following:

The Grandparent-Grandchild Relationship

Courts will look at how close your relationship with your grandchild is, including how frequently you have interacted, whether you have ever acted as a caregiver, and the overall emotional connection. A long-standing, meaningful relationship can significantly strengthen your case. 

The Grandparent-Parent Relationship

If there is a history of conflict or hostility between you and your grandchild’s parents or guardians, the courts will carefully consider whether granting visitation would cause those tensions to worsen and potentially cause harm to the child. Courts generally favor arrangements that support family harmony and do not undermine parents’ authority.

Time Since Last Contact

If you and your grandchild have not had any communication for an extended period, it may weaken your claim in the eyes of the court. However, if the gap in communication was caused by parental interference rather than your own actions, that may be viewed more sympathetically.

Impact of Visitation on Parent-Child Relationships

New Jersey courts will consider the impact granting visitation may have on the relationship between the child and their parents or guardians. They will also review any current time-sharing arrangements for divorced or separated parents and how visitation might impact that time.

Good Faith of the Grandparents Seeking Visitation 

Not all grandparents seek visitation for pure reasons. Some seek to weaponize their grandparents’ rights to control, harm, or retaliate against the child’s parents. Courts will look to confirm that the petition for visitation is in good faith and intended to protect the child’s best interests.

History of Abuse

Any history of physical, emotional, or sexual abuse would indicate a serious risk to the child’s safety and would likely result in the courts denying visitation. 

Any Other Best-Interest Factors

The court will also consider any other factor that is relevant to the child’s best interests. For instance, courts may look at the child’s regular activities, such as school, extracurricular activities, and existing family routines, when considering visitation. If the court finds that the proposed visitation schedule is unrealistic or interferes too much with the child’s established schedule and sense of stability, they may deny the petition.

Proving Harm if Visitation Is Denied

The most challenging aspect of receiving NJ court-ordered grandparent visitation is proving that the child would suffer actual or potential harm if visitation were denied. To demonstrate how keeping you and your grandchild apart would do them emotional, psychological, or developmental damage, you and your attorney must establish factors such as:

  • You had a previous role as a primary or secondary caregiver.
  • The separation causes the child emotional distress.
  • You provided critical stability during family turmoil.
  • The child has special needs that require extra care.

The threshold for proving harm and earning grandparents’ rights in New Jersey is high. Your case must be rooted in solid evidence, often including testimony from teachers, therapists, and other witnesses. Our team can help you build that case and show the value that visitation would bring to your grandchild’s life.

How a Family Law Attorney Can Help

Receiving visitation as a grandparent in New Jersey can be an uphill battle that takes more than pure intentions to win. It requires a thorough understanding of family law and the criteria that courts look for when granting these rights to grandparents. An experienced New Jersey child custody attorney offers these things and much more. Your attorney can help by:  

  • Developing a personalized strategy – Every visitation case is unique, just like every grandparent-grandchild relationship is unique. Your attorney will consider the circumstances of your case, your personal goals, and your grandchild’s best interests to develop a personalized strategy for you.
  • Aiding in mediation – Many cases can be resolved out of court with the help of mediation. Your attorney can help prepare for mediation, advise during the process, and negotiate for an optimal outcome on your behalf. 
  • Gathering expert testimony – Expert testimony can provide strong evidence in your favor. By working with an experienced family law attorney, you will gain access to a network of psychologists, counselors, and other professionals who can support your case.
  • Representing you in court – If your case must go to court, your attorney will represent you there and fight for a favorable verdict on your behalf. 

Contact Joseph J. Russell Divorce & Family Law Attorney for Help

If you are a grandparent seeking visitation or custody of your grandchild, you need a skilled family law attorney to protect your rights. The team at Joseph J. Russell Divorce & Family Law Attorney will be your fiercest advocates as you seek to protect the treasured relationship between you and your grandchild. 

Joseph J. Russell Divorce & Family Law Attorney is part of Wilentz, Goldman & Spitzer, P.A., one of New Jersey’s oldest and most historic law firms. We offer over a century’s worth of combined experience fighting to protect client rights. Our reputation is backed by countless heartfelt reviews from satisfied clients, such as this one:

“Meticulous, zealous advocate. Joe is the real deal. As a lawyer myself, I hold my lawyers to impossible standards. Not only was he meticulous and extremely detail oriented, but he paid close attention to my needs and advocated zealously for me from beginning to end. He is also efficient and practical – two attributes that are very important in legal counsel. Highly, highly recommend.” – R.G.

Call us today at (732) 726-6236 or contact us online to get started with a consultation and share your story with an experienced and compassionate New Jersey family law attorney.