In many divorces, child custody is one of the most important matters to be resolved. In some cases, siblings and grandparents may get involved if they have been denied visitation rights by a parent. If this has happened to you as a grandparent, reach out to our New Jersey family law attorney to gain visitation rights through a New Jersey court. Continue reading to learn more about grandparents’ rights in New Jersey.
What is a visitation order?
When certain family members are denied visitation rights, a visitation order gives them the right to ask the court to intervene. The primary goal of all New Jersey courts is to ensure a child is surrounded by positive family relationships to keep their standard of life as close as possible to what it was before the divorce. New Jersey courts will always maintain their focus as the child’s best interest. This is why siblings and grandparents have the right to apply independently for visitation rights. However, simply having a blood relation to the child is not enough to earn visitation. They will have to prove that visitation is in the child’s best interest in order to gain visitation rights.
What do New Jersey courts consider when determining visitation?
New Jersey courts will consider the following factors when deciding visitation rights:
- The bond between the child and applicant
- If these visitation rights will have a positive or negative effect on the child
- The relationship between the guardian or parent and the applicant
- The time that has passed since the last contact with the child
- If the parents are divorced or separated: the time-sharing arrangement which exists between the parents regarding the child
- The good faith of the applicant
- Any history or indication that the applicant may pose a danger to the child
- Any other factor relevant to the court
How can I begin the process?
You will likely have to go through the court to obtain visitation rights. This is why it is important that you retain the services of an experienced New Jersey family law attorney who can walk you through the steps of the process ahead.
If you are a grandparent who has been denied visitation rights, contact our firm today. Our legal team at Ross and Calandrillo, LLC will advocate for you and your family. We want each of our clients to achieve what is best for their families. Give our firm a call today to get started.
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.
