Morris County Grandparent Visitation Lawyers

A grandparent can serve as an incredibly important figure in a child’s life, but this relationship may become increasingly complicated in the event of divorce, separation, death, or child custody issues. If you are a grandparent seeking visitation with or custody of your grandchild, or you are a parent who is currently dealing with a grandparent-related issue that will affect your child, it is essential to understand your rights and the legal options that may be available to you. Contact the skilled Morris County grandparent visitation lawyers here at Leslie Law Firm for comprehensive representation today.

What Are Grandparent Visitation Rights in New Jersey?

In New Jersey, grandparents do not have an automatic right to visitation with their grandchildren, but they may petition the court to request it under certain circumstances. The governing law is N.J.S.A. 9:2-7.1, which allows a grandparent—or any sibling—to apply for visitation when they have been denied access by the child’s parent or guardian.

To succeed in such a petition, the grandparent must prove that visitation is in the best interests of the child. Courts consider several statutory factors when evaluating this, including:

• The relationship between the child and the grandparent
• The relationship between the grandparent and the child’s parents or guardian
• The amount of time since the grandparent last had contact with the child
• The effect that visitation would have on the relationship between the child and their parents or guardian
• Any history of abuse or neglect by the grandparent
• The good faith of the grandparent in filing the application
• Any other factor relevant to the best interests of the child

The burden of proof lies with the grandparent, particularly in cases where the nuclear family is intact. New Jersey courts generally give great deference to a fit parent’s decision to deny visitation, as recognized by the U.S. Supreme Court in Troxel v. Granville. However, if the grandparent can demonstrate that denial of visitation would cause harm to the child, the court may override the parent’s wishes to preserve the grandparent-grandchild relationship.

Because these cases can be complex and fact-sensitive, having legal guidance is critical. Our team of competent Morris County family lawyers can help you build a strong, evidence-based case focused on what truly serves the child’s well-being.

Can a Grandparent Ever Get Custody of a Child in NJ?

Yes, under certain circumstances, a grandparent can seek custody of a child in New Jersey. However, this is typically considered only when the child’s parents are unfit, unavailable, or when living with them would pose a significant risk to the child’s safety or welfare.

In New Jersey, custody matters are guided by the principle of the child’s best interests, and there is a strong presumption that a child should remain in the care of their biological parents. To overcome this presumption, a grandparent seeking custody must show that:

• The parent is unfit due to issues such as substance abuse, mental illness, neglect, abuse, or abandonment
• The parent has voluntarily relinquished custody or is otherwise unavailable
• The grandparent has been serving as a psychological parent or primary caregiver for a significant period of time

Courts may also consider awarding kinship legal guardianship to grandparents in situations where adoption or parental termination is not appropriate, but where the child requires a stable, long-term caregiver outside of the parental home.

Whether through custody or legal guardianship, the court will look closely at the existing bond between the child and grandparent, the stability of the grandparent’s home environment, and the overall impact the change would have on the child’s emotional, educational, and developmental needs.

Custody disputes involving grandparents can be emotionally charged and legally challenging. Our attorneys are experienced in navigating these complex matters with both sensitivity and strategic skill.

Contact Our Morristown, NJ Grandparent Visitation Lawyers

If you’re a grandparent looking to obtain visitation rights to continue to have a bond with your grandchildren, our firm is here to help. Please don’t hesitate to contact the knowledgeable and compassionate Morris County grandparent visitation lawyers at Leslie Law Firm for assistance.