Do Grandparents Have Visitation Rights in New Jersey?

Grandparents often play a vital role in the lives of their grandchildren, providing love, guidance, and support. However, family disputes, divorces, or other circumstances can sometimes lead to a breakdown in the relationship between grandparents and their grandchildren. In such situations, grandparents may wonder whether they have legal rights to visitation in New Jersey. Read on as we discuss this sensitive area of New Jersey family law. For specific advice or representation tailored to your specific situation in Union, Essex, or Middlesex County, contact the Law Offices of John B. D’Alessandro to share your concerns with an experienced and dedicated Union grandparents’ rights attorney.

Grandparents’ Rights Under New Jersey Law

New Jersey law recognizes the importance of maintaining family bonds and allows grandparents to petition for visitation rights under N.J.S.A. 9:2-7.1. This statute permits grandparents (and siblings) to seek visitation with a minor child if they can demonstrate that denying visitation would harm the child’s well-being.

Unlike parental custody disputes, where the court prioritizes the best interests of the child, the burden is on the grandparent to prove that a lack of visitation would cause harm. Simply proving that visitation would be beneficial is not enough.

Factors New Jersey Courts Consider in Granting Grandparent Visitation

When a grandparent petitions for visitation, the court evaluates multiple factors, including:

• The existing relationship between the child and the grandparent
• The relationship between the grandparent and the child’s parents or guardians
• The time that has elapsed since the grandparent last had contact with the child
• The effect of visitation on the child’s relationship with their parents
• The child’s best interests, including their physical and emotional well-being
• The good faith of the grandparent in filing the petition
• Any history of abuse, neglect, or harm involving the grandparent

Courts generally give deference to parental authority, meaning that if a parent objects to grandparent visitation, the grandparent must provide compelling evidence that denying visitation would harm the child.

What Does “Harm” Mean in This Context?

The key issue in a grandparent visitation case is whether the absence of visitation would cause harm to the child. Courts require a specific showing of harm, such as:

• The grandparent previously acted as a primary caregiver, and cutting off contact would cause emotional distress
• The child has experienced significant disruption in their life (e.g., parental divorce or death), and continued grandparent involvement would provide stability
• There is evidence of emotional or psychological trauma that the grandparent’s presence could alleviate

Can Grandparents Seek Custody?

In extreme cases, if a grandparent believes that a child is in danger due to parental unfitness (such as in cases of abuse, neglect, or substance abuse), they may seek custody rather than just visitation. However, obtaining custody is a much higher legal hurdle and generally requires proving that neither parent is capable of adequately caring for the child.

Steps to Petition for Visitation

If a grandparent wishes to pursue visitation rights, the process generally involves:

1. Filing a Petition – The grandparent must file a motion with the family court outlining their request and reasons.
2. Providing Evidence – Supporting documentation and testimony must demonstrate how the absence of visitation would harm the child.
3. Attending Mediation or a Hearing – Courts may encourage mediation before proceeding to a full hearing.
4. Judge’s Decision – The court will issue a ruling based on the evidence presented.

Contact Union Family Law Attorney John B. D’Alessandro for Grandparent Visitation Issues in New Jersey

Grandparent visitation cases can be complex and emotionally charged. If you are a grandparent seeking visitation with your grandchild, or a parent facing a grandparent visitation petition, it is essential to seek legal guidance. At the Law Offices of John B. D’Alessandro, we help families in Union, Essex, and Middlesex counties navigate New Jersey family law matters with compassion and expertise. Contact us today to schedule a consultation and discuss your legal options.