Grandparents’ Rights

Essex County Grandparents’ Rights Attorney

Do Grandparents Have Legal Visitation or Custody Rights in New Jersey?

In a perfect world, grandparents would not need to assert their legal right to visitation or custody of their grandchildren. In a perfect world, all parents and their adult children would get along, and divorce would never happen. However, we don’t live in a perfect world.

The question of what legal rights grandparents may have with regard to their grandchildren is a changing area of family law. In every case where grandparents seek a visitation or custody order, judges make individual rulings based on the facts of that particular family’s circumstances.

Honest Advice From a New Jersey Law Firm

Located in West Orange, the Law Offices of Gary J. Natale, P.C., has developed a reputation as a law firm that gives personal attention to every client. New Jersey grandparents’ rights lawyer Gary Natale does not limit initial consultation times because he wants to understand the whole situation before the client leaves the office. Contact us to put more than 20 years of legal experience on your side.

Grandparents’ Visitation Rights in New Jersey

Before a court can determine whether or not a child’s grandparent should have visitation rights, it must look at the following factors:

  • The relationship between the child and the grandparent
  • The relationship between the child’s parents and the grandparent
  • The amount of time since the last time the child saw the grandparent
  • The effect that any relationship between the child and grandparent will have on the child’s parents or caregiver
  • Any visitation and custody agreements between the child’s parents if they are divorced or separated
  • The grandparent’s reasons for filing the application
  • Any history of physical, emotional or sexual abuse/neglect by the grandparent
  • Any other factor that is relevant to the best interests of the child

Above all, grandparents must show that grandparent visitation is in the child’s best interests. If the grandparent had primary or sole physical custody of the child in the past, the court will likely rule in his or her favor.

Contact Us for a Free Consultation

We offer a free, no-pressure initial consultation to any potential client with questions about grandparents’ rights or any other family law topic. To talk over your concerns with an experienced grandparents’ rights lawyer, contact us to make an appointment.