Grandparents Rights: Grandchild Custody and Visitation in New Jersey

Bedminster • Cranford • Freehold • Hackensack • Mount Laurel • Parsippany

GRANDPARENTS, CUSTODY AND VISITATION

C A N G R A N D P A R E N T S I N N E W J E R S E Y H A V E C U S T O D Y O R V I S I TA T I O N W I T H T H E I R G R A N D K I D S ?

GRANDPARENTS, CUSTODY & VISITATION

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DISCLAIMER

This presentation contains general information and does not constitute legal

advice.

Be sure to direct specific questions about your own situation to an attorney.

• Grandparents and

Custody

• Grandparents and

Visitation

• Questions & Additional

Help

WHAT’S COVERED?


Can Grandparents Get Custody of Their Grandchildren?


What is the standard for custody?

In New Jersey, when judges make custody decisions between two parents, they must look at the best interests of the child. Factors are in the law.

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IS THE STANDARD FOR GRANDPARENTS DIFFERENT?

• There is a strong presumption that parents

should raise their children

• Need an extremely compelling reason

• Burden is on grandparents to prove parent is

unfit to care for grandchild


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SHARING CUSTODY IS AN OPTION

Options for sharing custody with your grandchild’s parent(s):

– Sharing Physical Custody: Child will live with both you and their parent or parents in a set schedule

– Sharing Legal Custody: You and your grandchild’s parents share joint decision making on the big issues for your grandchild

– Sit down and negotiate: You may encounter strong resistance from your child if you attempt to take custody. Try to work out an arrangement that works for the entire family


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LEGAL GUARDIANSHIP

WHAT IS LEGAL GUARDIANSHIP?

Guardianship, or kinship legal guardianship may be an option for you, if your grandchild has been place in foster care.

KLG requires grandparents to take on full care of their grandchild, including participating in any ongoing legal matters.

KLG is granted only after one year of the child living with their grandparent.

Grandparents and Visitation in New Jersey


Do Grandparents Have Visitation Rights in New Jersey?

Grandparents have only limited rights in New Jersey

Grandparents do have the right to seek court ordered grandparent time with their grandchildren provided that they prove that it is “more likely than not” that the time is necessary to avoid harm to the child.

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2003 Court Created ProcedureThe court in 2003 created a procedue to be followed in every grandparent visitation case:

1. First show visits are necessary to avoid harm

2. If that is shown, parents must offer a visitation schedule

3. If grandparents reject the schedule, the court will look to see if it is in the child’s best interests

4. If visitation is not denied by the parents, but the grandparents seek a different schedule, they have to show their schedule avoids harm

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What if a grandparent was a full-time caregiver?

It is not always easy to prove that harm will come to the child if the granparent is not permitted visitation. It is easier, however to prove this if the grandparent was, at any time, a full-time caregiver of the child.

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Mediation and Negotiation

Always try to sit down with your child and attempt to work out your own visitation agreements before going to court.

Working it out will save you time, money and stress.

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Consult an attorney….

If you are unsure about how to prepare your application for grandparent time or if you and your child’s other parent cannot come to an agreement, talk with an experienced family law attorney who can guide you.

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WeinbergerLawGroup.com

(888) 888-0919

S C H E D U L E A F R E E C O N F I D E N T I A L C O N S U LTAT I O NC O N TA C T U S

https://www.weinbergerlawgroup.com/contact-us.aspx


GRANDPARENTS, CUSTODY AND VISITATION

C A N G R A N D P A R E N T S I N N E W J E R S E Y H A V E C U S T O D Y O R V I S I TA T I O N W I T H T H E I R G R A N D K I D S ?