Grandparents’ Rights Attorney Serving New Jersey

New Jersey's Grandparents' Visitation Statute, N.J.S.  9:2-7.1 allows a grandparent or sibling of a child residing in this State to make an application for visitation. The applicant must prove that the visitation is in the best interest of the child. In making this determination, the court must consider eight factors, including:

1. The relationship between the child and the applicant;
2. The relationship between each of the child's parents or the person with whom the child is residing and the applicant;
3. The time which has elapsed since the child last had contact with the applicant;
4. The effect that such visitation will have on the relationship between the child and the child's parents or the person with whom the child is residing;
5. If the parents are divorced or separated, the time sharing arrangement which exists between the parents with regard to the child;
6. The good faith of the applicant in filing the application
7. Any history of physical, emotional or sexual abuse or neglect by the applicant; and
8. Any other factor relevant to the best interests of the child.

By its terms, this statute applies to intact families as well as those where separation, death, or divorce have split the family. It has been upheld as constitutional by a lower court, although its constitutionality was challenged before the New Jersey Supreme Court in 1999 in a case called In the Matter of the Adoption of a child by W.P. and M.P.. New Jersey's grandparents' visitation statute is not affected by the U.S. Supreme Court's ruling in Troxel v Granville, which is limited to the visitation statute of Washington.

There are still several circumstances in which a grandparent or other relative can seek custody in order to protect the child from an unsafe environment.  If your grandchild is the victim of neglect, abandonment or any type of child abuse, you do have the right to go to court to seek a safe and stable home for the child.  If a grandparent, aunt, uncle, sibling or other relative can provide a safer and abuse-free environment and it is in the child’s best interests, it is a definite possibility that you could receive custody of that child. 

These types of custody changes almost invariably require experienced legal advice and assistance.  We always have the child’s best interests at heart and we know that this child is important to you.  We will work with you and help you to find the best solution to the child’s situation that will result in a stable, loving and caring environment.  We can meet with you to speak in great detail about the circumstances surrounding your unique situation in order to make the best decision about how to progress with your case. 

Because we work closely with experienced matrimonial lawyer Glen Haley, you will always be able to speak with the attorney you are working with.  We believe in building strong relationships with our clients in order to work together toward success.  We can help you, and we look forward to helping you resolve your problem. 

Contact a NJ Grandparents’ Rights Lawyer at the Law Office of Rafael Gomez today to discuss your legal issue by calling (201) 646-9799.