Divorce is a stressful process and it can impact everyone involved. Child custody is one of the most important matters when it comes to a divorce. In some cases, siblings and grandparents may get involved if they are denied visitation rights by a parent. If this occurs, you can reach out to a family law attorney in order to gain visitation rights through a New Jersey court.
What is a Visitation Order?
A visitation order gives certain family members the right to ask the court to intervene when they are denied visitation rights. New Jersey courts’ primary concern is to ensure a child is surrounded by established, positive familial relationships in order to keep his or her standard of life as close as possible to what it was before the divorce. This is why grandparents and siblings have the right to apply independently for visitation rights. However, they will first have to prove that visitation is in the child’s best interest. Therefore, simply having a blood relation to the child will not be enough to earn visitation.
What Factors Are Taken Into Account When Determining Visitation?
Custody and visitation are taken incredibly seriously. As a result, New Jersey courts examine a number of different factors when it comes to making a decision regarding visitation rights. Some of the factors they will consider include:
- The relationship between the guardian or parent and the applicant
- The time that has passed since the last contact with the child
- The bond between the child and applicant
- Whether these visitation rights will have a positive or negative effect on the child
- The good faith of the applicant, meaning there are no ulterior motives behind his or her applying for visitation rights
- If the parents are divorced or separated, the time-sharing arrangement which exists between the parents regarding the child
- Any history or indication that the applicant may pose a danger to the child
- Any other factor relevant to the court
How Do I Begin The Process?
In order to obtain visitation rights, you will likely have to go through court. As such, it is important to contact a family law attorney to help you through the process.
If you are a grandparent who has been denied visitation rights, contact our firm today. We are here to advocate for you and help you do what is best for your family. Reach out to speak with a dedicated family law attorney.
Contact our Firm
Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.