In New Jersey, family law recognizes the important role that grandparents can play in a child’s life. However, when it comes to legal rights—especially in cases involving custody or visitation—grandparents do not have automatic standing. Instead, they must petition the court and demonstrate that maintaining a relationship with their grandchild is in the child’s best interest.
Visitation Rights for Grandparents in New Jersey
Under N.J.S.A. 9:2-7.1, grandparents (and siblings) may apply for a court-ordered visitation with a child. To succeed, they must prove that denying visitation would harm the child’s well-being. This burden of proof is higher than simply showing that visitation would be beneficial or enjoyable.
Some common situations where grandparents seek visitation include:
- After the death of the child’s parent (their son or daughter)
- When the child’s parents are divorced or separated
- When the child lives with a single parent who is restricting contact
Factors Courts Consider
When reviewing a grandparent’s visitation request, the court will look at several factors, including:
- The relationship between the child and the grandparent
- The relationship between the grandparent and the child’s parents or guardians
- The time since the grandparent last had contact with the child
- The effect visitation would have on the child’s relationship with their parents
- The good faith of the grandparent in making the request
- Any history of abuse or neglect by the grandparent
- The child’s needs, preferences, and best interests
Custody Rights
Although rare, grandparents may also seek custody of a grandchild. This typically occurs in situations where:
- Both parents are deceased or unfit
- The child has been removed from the parents due to abuse, neglect, or abandonment
- The grandparents have been the child’s primary caregivers for an extended period
In these cases, the grandparents must prove that living with them serves the child’s best interests better than remaining with either parent or entering foster care.
Legal Challenges and Parental Rights
The U.S. Supreme Court and New Jersey courts have emphasized the constitutional rights of parents to raise their children as they see fit. That means the court generally assumes that a parent’s decision to limit or deny grandparent visitation is valid—unless the grandparents can demonstrate actual harm to the child.
Mediation and Alternative Dispute Resolution
New Jersey courts may recommend mediation before litigation to help resolve disputes. Mediation offers a less adversarial environment and may lead to agreements that preserve family relationships while respecting parental authority.
Conclusion
Grandparents in New Jersey have a path to seek visitation or custody, but the law places a strong emphasis on protecting parental rights. For a grandparent to gain court-ordered access, they must clearly show that the child would suffer harm without the relationship. Because these cases can be complex, it is wise for grandparents to consult with a family law attorney when considering legal action.