Sometimes when parents divorce, that affects the relationship that their child can have with other family members. A common example is a grandparent who loses access to their grandchildren as a result. If this has happened to you, you may be wondering if you have any options or the ability to appeal for visitation rights. You actually do, and a Mountainside child visitation attorney can help you.
Who Can Apply for Visitation Rights in New Jersey?
State law actually allows select family members to ask for the court to intervene and establish visitation rights for them. Grandparents are among the qualified family members. They can petition the court and ask to be granted visitation rights when the parents of a child are not allowing them to see their grandchildren.
It is not exactly easy to secure visitation rights though. This is because the applicant, in this case the grandparents, has to show that this visitation is in the best interest of the child. They actually have to show that their grandchild would suffer because they no longer have a relationship with a grandparent. This can be a heavy lift, which is why we advise you to hire an experienced family law attorney from our firm.
What is Considered When a Grandparent Asks For Visitation Rights?
A court will look at the relationship you had with your grandchild and a variety of other factors to determine whether or not you should be granted visitation rights. The court can consider:
- What kind of bond you already had with your grandchild
- How long it has been since you and your grandchild last had contact
- Whether you were a primary caregiver for your grandchild at any point
- The marital status of the parents and their custody and visitation agreement
- Whether you could be considered a danger to your grandchild
- Your relationship with both of your grandchild’s parents
- The mental and physical fitness of you and your spouse
If the relationship between grandparent and grandchild is seen as beneficial, you could be granted visitation rights.
Do I Need a Lawyer?
You are not required to hire a lawyer, but you only have one shot at this. You need to make sure that your petition for visitation rights is as convincing as possible. If you cannot show that your visits with the child are in their best interest, the court is not going to side with you.
So it is wise to have a knowledgeable lawyer on your side throughout this process. We can answer any questions you have and help you build the most convincing argument for visitation.
Reach Out to Our Experienced Family Lawyers
If you believe that you should have visitation rights with your grandchild, our firm is ready to help you. Contact Ross & Calandrillo, LLC and schedule a consultation. We can tell you more about your rights and your options. Then we can begin building your case.