Although NJ doesn’t automatically grant grandparents visitation rights, grandparents in the state can request those rights from the court. However, the process involves complex legalities, a burden of proof, and a standard that grandparents must meet before a judge enters an order. Contact Hand and Toker Family Law to learn more.
Visitation Rights for Grandparents in New Jersey
New Jersey has a grandparent visitation statute. Under N.J.S.A. 9:2-7.1, a grandparent can apply to the Superior Court for those rights. The filing grandparent must prove by a preponderance of the evidence that obtaining visitation rights is in the best interests of the child or children involved and that denying visitation could cause harm.
Preponderance of the evidence just means that the scales have to tip in favor of granting visitation rights. Wanting a relationship with a grandchild or feeling entitled to visitation rights is not enough to sway the court. Parental rights still carry solid constitutional weight in New Jersey.
The exception is when a grandparent can show they were once the grandchild’s full-time caretaker. Such cases are considered prima facie evidence, meaning that a grandparent who raised a child begins the legal process with a stronger position than someone with limited exposure to or involvement in the child’s life.
What NJ Family Courts Consider
Judges in New Jersey evaluate several factors when determining whether to grant grandparents visitation rights. In most cases, they work through a well-defined list of standard factors, such as:
- The relationship between the child and grandparent
- The relationship between the grandparent and parents
- How long since the last contact with the grandchild
- How visitation could affect the child’s relationship with their parents
- Existing parenting time agreements between divorced or separated parents
Courts will also consider any history of domestic violence, abuse, or neglect when evaluating a grandparent’s rights application. Each factor is designed to help the judge decide whether granting the order of visitation serves the child or is about overriding a parent’s reasonable decision.
Understanding the Harm Standard
Grandparents seeking visitation rights must do more than show the court evidence of a healthy, happy bond. They must also demonstrate that serious physical or psychological harm could occur if visitation is disallowed. That’s known as the Harm Standard, and it can be tricky to prove.
New Jersey family courts automatically assume that parents are best equipped to decide what’s in their child’s best interest. So, the preponderance-of-the-evidence standard can be a significant burden on grandparents seeking visitation rights despite a parent’s objections. Courts expect the harm to be emotional, psychological, or developmental, and substantial enough to warrant intervention despite the parent’s wishes.
What Parents Should Know About Grandparents’ Visitation Rights
The law in New Jersey is largely on your side if you’re a fit parent, even if you’ve chosen to limit a grandparent’s exposure to your children. Parental judgment is taken seriously in NJ, so a grandmother or grandfather can’t just file a petition and expect to win more time with their grandkids.
If a petition is filed, however, parents must respond and engage with the legal process. That means finding a family law firm that specializes in these kinds of cases. Schedule a consultation with Hand and Toker now to discuss your options.
What Grandparents Should Know Before Filing a Petition
If you’re considering taking legal action because you’ve been cut off from a grandchild, working with a family lawyer is important. The court will expect you to show more than unconditional love and good intentions to be granted visitation rights. And an attorney can help you determine where you stand before filing.
Every case is different, and each family is unique. Hand and Toker Family Law understands that there’s never a one-size-fits-all solution to these cases. We look at all factors to help parents and grandparents find the best path forward for their families. Reach out now to get started.
What Happens If the Court Grants Visitation Rights
The court will order a fair visitation schedule if it determines that grandparents have met the burden of proof. That means it’s a court order, and parents must comply. Any refusal could be seen as contempt of court, depending on the circumstances.
Keep in mind that the judge has full discretion over the arrangement. There is no template or standard, so what one grandparent receives in one case can look very different in another. However, grandparents’ visitation rights can be modified later if the circumstances change significantly. Talk to a lawyer to find out how.
Does the Child’s Opinion Matter?
In some cases, the child’s preferences could have weight in the case. It depends on their age and maturity level, but again, the court exercises discretion in determining how much weight to give a child’s opinion in the final decision.
Protect Your Family Now
Hand and Toker Family Law works with parents and grandparents seeking visitation rights in New Jersey. We can help build a strategy around your family’s circumstances. Book your consultation today.