New Jersey Attorneys for Grandparents’ Rights Cases

-
New Jersey Attorneys for Grandparents’ Rights Cases

Children benefit from having a healthy relationship with their grandparents and you, as a grandparent, no doubt delight in being part of your grandchildren’s lives. When unfortunate circumstances make it difficult or impossible to spend time with your grandchildren, you do have grandparents’ rights under New Jersey law. However, the statutes are complex, and emotional factors can create hurdles if it becomes necessary to take legal action to enforce your rights.

You do not have to face challenging grandparents’ rights matters alone. Our lawyers at Giro Attorneys at Law, LLC recognize that grandparents can be in a tough spot when a parent imposes barriers to spending time with a child. We have extensive knowledge of the laws governing your rights as a grandparent, and we are dedicated to serving clients in these types of cases in Bergen County, NJ and the surrounding region.

Ensuring You Have a Voice as a Grandparent

Under New Jersey’s visitation statute, an eligible non-parent may file a petition to seek visitation with a child, even over the objection of the parents. Grandparents have the right to file this petition, but they do have the burden of proving that visitation is in the grandchild’s best interests.

The intent of the grandparents’ visitation law is to balance the rights of parents as primary decisionmakers in raising their child, with the notion that it is in the child’s best interests to spend time with key family members. The statute allows grandparents to enjoy visitation when the parents do not allow it, or when the family unit is disrupted by death, divorce, or adoption.


Factors on Grandparents’ Rights Matters

In weighing grandparents’ rights to visitation with a grandchild, a court will consider eight factors:

●       The grandparent’s relationship with the child;
●       The grandparent’s relationship with each parent or a person living with the child;
●       How long has passed since the child and grandparent maintained contact;
●       How grandparent visitation will impact the relationship between each parent or a person living with the child;
●       The co-parenting arrangement between the child’s parents, in the event of divorce or separation;
●       The grandparent’s motivation in filing the petition, and whether it was filed in good faith or for questionable reasons;
●       Any history of abuse or neglect related to the grandparent; and,
●       Any other factors that may be relevant to the best interests of the child, on a case-by-case basis.

Based upon these factors, you can see that grandparents’ rights may only be recognized when the grandparents have a direct, personal relationship with the child. Occasional, infrequent visits may not support a finding that you have rights to visitation.

Count on a Dedicated Grandparents’ Rights Lawyer in New Jersey

If you would like to discuss your rights as a grandparent, please contact the Hackensack, New Jersey offices of Giro Attorneys at Law, LLC. Our lawyers have extensive experience in these cases, and we can help you understand the complex laws. We are happy to review your situation at a consultation and tell you more about your legal options.

Comments

Post a Comment

Popular posts from this blog

New Jersey Wills and Probate Lawyers in Hackensack, New Jersey

-
Image
  Contesting a Will When individuals contest a will, more often than not, they believe the will does not reflect the actual intent of their deceased loved one. The party who made the will is called a testator. The party who receives property or a gift through a will is called a beneficiary. A will may be challenged by a beneficiary in its entirety or in part. Wills in New Jersey The New Jersey State Legislature and the New Jersey Probate Courts are motivated by a strong principal that the final wishes of a deceased person should be honored without compelling evidence to the contrary. A decision to gift or not to gift is personal. The true motivations and reasons why an individual gives his or her property to someone else will never be truly known. Sometimes even the stated reasons are incorrect. For purposes of interpretation of the testator’s intent, New Jersey Probate Courts can only rely on the contents of the will to ensure that the testator’s final wishes are e
Read more

Changes in the Estate Tax Under the Tax Cut and Jobs Act

-
Image
As part of the sweeping overhaul of the tax code, the threshold for the estate tax has been effectively doubled. The estate tax is levied upon assets that are transferred upon death, for this reason it is colloquially referred to as the “death tax.” For practical purposes, most taxpayers will never pay the estate tax because the tax only applies to large estates and because careful estate planning can help large estates largely avoid the tax. The Estate Tax In 2017, the death tax only applied if the estate was valued at over $5.49 million for single-filers and 10.98 million for married couples filing jointly. At this threshold, the tax was unlikely to apply to a large portion of Americans. According to the New York Times , 2.6 million people died in the United States in 2016. During that same year, only 5,219 estate taxes were filed with the Internal Revenue Service, representing a tax that touched upon only 0.2% of deaths during the year. While the estate tax does
Read more

Ask Lawyers in Hackensack, NJ: Where do You Probate a Will in New Jersey?

-
Image
Probate is not always required after someone dies. The requirement to probate a will in New Jersey depends on what assets the deceased person owned. If a will needs to be probated, the deceased person’s will must be filed in the county in which the deceased person resided at the time of death. The county clerk will verify that the county of residence contained in the death certificate matches the court where the will is being filed for probate.  For more information click here .  elder lawyers hackensack nj , elder care lawyers in nj , Asset Protection Lawyers near me , Alimony Lawyers near me , Veterans Attorney New Jersey                                                                                           How to Determine the Residence of the Deceased Person Under New Jersey law, a person’s residence is the place where the person lives with the intent to remain. For example, if Annabella owns a house in Jersey City, NJ and has lived there for the past 45 years bu
Read more