New Jersey Attorneys for Grandparents’ Rights Cases

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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.

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