In the United States, parents have a constitutional right to decide, without outside interference, how to raise their children, including where and with whom the kids spend their time. So do grandparents have visitation rights under New Jersey family law? And if so, what does the law offer a grandparent who may even have had their content cut off? In New Jersey, grandparents are eligible to obtain visitation rights, though specific circumstances must be met. The courts will prioritize the parental rights, and grandparents are required to prove that denying visitation would result in harm to the child. If you’re struggling to spend time with your grandchildren because of whatever issues may arise with their parents, please don’t hesitate to call a Union County child visitation attorney
Do Grandparents Have Legal Visitation Rights in New Jersey?
In New Jersey, including Mountainside, Scotch Plains, Westfield, and the surrounding Union County communities, grandparents have the right to request visitation with their grandchildren. However, just because grandparents have the right to file a request does not mean visitation will automatically be approved. The courts must carefully weigh parental rights with the child’s well-being, making these incredibly complex legal matters.
In practice, most petitions fail unless the grandparents can show a strong, pre-existing relationship with the child and supply clear evidence that shows denying a relationship would cause harm to the child.
Key Takeaways
- Grandparents can petition for visitation in New Jersey courts
- Courts prioritize the constitutional rights of parents to make decisions on behalf of their child
- You must prove harm to the child if visitation is denied
- If harm is proven, the courts will then consider the best interests of the child
- Legal representation is critical to fighting for the best possible outcome
Grandparents’ Visitation Rights: A Legislative and Judicial History
Originally, New Jersey courts interpreted the United States’ laws and judicial decisions regarding grandparent visitation by focusing on the best interest of the child. However, a relatively recent Supreme Court case called Troxel v. Granville, 530 U.S. 57 (2000), caused big changes on that front.
Troxel was a Washington state case about third-party visitation. In Troxel, the Supreme Court decided that a “best interests of the child” test, as had been previously used, was not sufficient to protect the parents’ constitutional right to decide for their children. In its place, the Court recommended a new focus: “necessary to prevent harm to the child.”
To succeed, grandparents (as well as other third parties) who sought visitation rights would need to prove that the child would experience genuine harm if the visitation wasn’t granted. And this could not be some general or vague harm; third parties would need to show a particular and identifiable harm that would happen if their request weren’t granted.
Today’s “Prevent Harm” Test for Grandparent Visitation Rights
As a result of this history, New Jersey courts, including the Union County Court, Family Division, now use a two-part test.
First, the third party requesting visitation rights has to prove that a particular and identifiable psychological or physical harm would befall the child if visitation isn’t granted.
Once the third party passes that hurdle, and only once the hurdle is passed, New Jersey courts implement the “best interests of the child test.”
Here, the third party bears the burden of showing by a preponderance of the evidence that visitation rights are in the best interests of the child. “Preponderance of the evidence” is an evidentiary standard, and to meet it, third parties must show that there is a greater than 50% chance of what they argue.
Two-Step Legal Test
- Step 1: Prove specific harm to the child if grandparent visitation is denied
- Step 2: Show visitation is in the child’s best interests
- Evidence must meet the “preponderance of the evidence” legal standard
- Courts require a clear, concrete example of harm, not just speculation or hypotheticals
Who Can Apply for Grandparent Visitation Rights in New Jersey?
New Jersey state law allows certain individuals, including grandparents, to file a petition with the court to seek visitation with a child when they are denied access by the parents.
Eligible Petitioners
- Both paternal and maternal grandparents
- Siblings and other relatives, in limited circumstances
- Individuals who maintain a parent-like relationship with the child
- Petitioners must demonstrate a significant prior relationship with the child
What Factors Will Courts Consider in Grandparent Visitation Cases?
In cases where grandparents are seeking visitation with a grandchild, the courts will consider a number of specific factors. This is because courts in Union County and across New Jersey must ensure that any and all decisions related to a child, including custody and visitation, are made in accordance with the “child’s best interests” legal standard.
This legal standard is used by the courts to ensure that all decisions related to a child are made in order to ensure the child has the stability, development, and safety they deserve
List of Factors Often Considered by the Courts
- The existing relationship between the grandparent and the child
- The length of time since the last contact
- If the grandparent was the child’s primary caregiver
- The relationship between the grandparent and the child’s parents
- History of abuse, neglect, or other safety concerns
- The emotional well-being of the child
- The parents’ custody arrangement, if applicable
- The overall benefit to the child of maintaining the relationship
Contact an Experienced Union County Family Law Attorney Today
If you are a grandparent seeking legal visitation with your grandchild, it’s important to understand the importance of representation during this matter. Unfortunately, custody issues in Union County and across New Jersey can be incredibly difficult to navigate, which is why the team at Ross & Calandrillo is ready to help you. Our firm can examine the circumstances of your case to help you determine the best course of action for your circumstances. Contact us today to learn how we can represent you.
