Morristown Grandparent’s Rights Attorneys
A biological or legal parent may decide for any number of reasons that his or her child can no longer have visitations with their grandparents. In the event of a divorce, separation, or dissolution, a child’s ability or access to their maternal or paternal grandparents may be jeopardized because of the acrimony involved in the divorce, physical separation if they move far away with one parent, or any other of a number of various reasons. It sometimes occurs where, against the children’s best interests, both parents remain together but deprive one or more grandparents of visitation with their children.
Maintaining a close and loving relationship with grandparents can prove to be a very powerful and important aspect of a child’s life – especially in the event of divorce, separation or the death of a parent. In spite of the fact that many grandparents now raise their grandchildren, it has become increasingly difficult for grandparents in New Jersey to gain visitation rights if one or both of a child’s parents object.
What to Do If You Are Prohibited From Visiting with Your Grandchildren
In the event you must seek court intervention to visit with your grandchildren, there are multiple elements and factors a court will consider in its decision. The Darling Law Firm has attorneys familiar with these factors as well as the current state of the law. We will meet with you and learn about your situation and will craft a solution which is suitable to your needs and the needs of your grandchildren. Our attorneys will zealously advocate for your right to the enjoyment of a loving relationship with your grandchildren.
Your Rights to a Relationship with Your Grandchildren
In New Jersey, grandparent visitation rights are governed by the state statute, N.J.S.A. 9:2-7.1. According to this statute, grandparents may seek visitation. To prevail, a grandparent must show that visitation is in the child’s best interest. The following factors will be considered:
• The relationship between the child and the grandparent seeking visitation
• The relationship between each of the child’s parents or the person with whom the child is living and the grandparent
• The amount of time since the child had contact with the grandparent
• 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
• If the parents are divorced or separated, the parenting time arrangement that exists between the child and his or her parents
• The good faith of the grandparent who is seeking visitation
• Any history of physical, emotional, or sexual abuse or neglect by the applicant
• Any additional factor relevant to the best interest of the child
A prior history as primary caretaker of your grandchild will result in a presumption that visitation is in your grandchild’s best interest.
In spite of any showing a grandparent can make of visitation being in the grandchild’s best interest, the fundamental right of parents to make decisions regarding the custody, care, and upbringing of their children still impacts the court’s consideration of applications for visitation.
Protecting Grandparent Visitation throughout Northern New Jersey
If you are trying to obtain or continue the ability to spend time with your grandchildren, you need an experienced family lawyer at your side. At The Darling Law Firm we have the experience you need to review the facts and circumstances then determine the best way to protect your relationship with your grandchildren. We are committed to assisting our clients and regularly participate in continuing education related to various matters pertaining to family law so we are prepared to tackle tough cases for our clients.
In order to serve clients throughout Northern New Jersey, The Darling Law Firm has offices in Morris County and Bergen County, New Jersey. We serve clients in Morris, Bergen, Passaic, Union, Hudson, Essex, Sussex and Warren Counties. The Darling Law Firm is your Northern, NJ Grandparent Visitation Rights law firm. If you are reading this website, now is the time to call 973-584-6200 to protect your rights or click here to e-mail us.
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