Grandparent Visitation Rights in New Jersey

Sussex County lawyers advise clients seeking to spend time with their grandchildren

Many people look forward to spending their golden years doting on their grandchildren and marveling at each milestone of their growth. Unfortunately, even when grandparents and grandchildren have a strong bond, circumstances can intervene to keep them apart. If a parent’s refusal to allow contact between grandparents and the grandchildren is the issue, the grandparents might be able to pursue a legal remedy. At Hollander, Strelzik, Pasculli, Vandenberg, Hontz & Associates LLC in Newton and Succasunna, our family law attorneys represent clients in disputes over grandparent visitation. We proceed with the utmost sensitivity and professionalism to find appropriate solutions. If you have questions about grandparent visitation rights in New Jersey, we can advise you of the relevant law and provide insight based on decades of experience. 

Can grandparents get visitation rights in New Jersey?

Unlike some states, New Jersey does not restrict a grandparent’s right to seek visitation to situations where the child’s parents do not live together. Any grandparent who has been denied visitation has standing to petition the court. However, the right to visitation is not automatic, and the petitioning grandparent has the burden of proving by a preponderance of the evidence that a denial of visitation will cause specific harm to the child.

Can grandparent visitation be denied?

The Supreme Court of the United States has ruled that under the Fourteenth Amendment parents have the fundamental right to direct the care, upbringing and education of their children. Thus, parents may bar grandparents from seeing their grandchildren, even if visitation would be in the best interests of the child. However, grandparents can overcome this parental prerogative by demonstrating that a denial of visitation will cause specific harm to the child.

Factors the court considers in granting grandparents visitation

Should the potential for harm be demonstrated, the court still reviews whether grandparent visitation serves the best interest of the child. Factors the court might consider include the following:

  • The quality of the grandparent’s relationship with the child, including whether the grandparent has acted as the child’s primary caretaker in the past
  • The length of time since last contact 
  • The nature of the parents’ objections 
  • Prior interference by the grandparents in the parent-child relationship
  • Any prior neglect or physical, emotional or sexual abuse of the child while in the grandparent’s care
  • The grandparent’s ability to maintain a stable, loving bond
  • Any history of a grandparent’s mental illness or substance abuse

If the court is satisfied that contact with the grandparent is in the child’s best interests, an order will be issued amending the parenting time schedule to add grandparent visits.

Modification and enforcement of visitation orders in NJ

An order for visitation has the force of law behind it, so a grandparent can ask the court to enforce its terms against parents who refuse to comply. On the other hand, the new parenting plan might not work smoothly. Circumstances in the lives of the grandparents, parents or child(ren) might change substantially, so that the visitation order no longer works as it was intended. If this happens, a grandparent or parent can petition the court for a modification of the parenting time plan, including a change in grandparent visitation. Our Newton child custody lawyers regularly assist clients who file or oppose motions to enforce or modify visitation orders. 

Grandparents adopting a minor child

Various circumstances, such as a parent’s death, incapacity, abandonment or imprisonment, can prompt a grandparent to formally adopt a grandchild. Our attorneys manage the legal aspects of adoption and can counsel you throughout the process.

Contact a New Jersey attorney regarding grandparent visitation matter

Hollander, Strelzik, Pasculli, Vandenberg, Hontz & Associates LLC, with offices in Newton and Succasunna, represents parents and grandparents in disputes over grandparent visitation. To schedule a consultation, please call 973-737-1023 or contact us online.