What Can I Do if I Can’t See My Grandchildren?

Being a grandparent someday is a dream for many parents with children. Being a grandparent offers plenty of unique opportunities to love and mentor your child’s children. But what if their parents will not let you see them?

Our compassionate family law attorneys understand. Moskowitz Law Group can take the time to understand the unfortunate circumstances of family estrangement and what you can and cannot do if you are not allowed to see your grandchildren.

Do Grandparents Have the Fundamental Right To See Grandchildren?

Unfortunately, New Jersey law does not automatically grant grandparents visitation rights. However, all is not lost. You have the legal right to file an action in court and prove that seeing your grandchildren is in their best interests.

Overcoming a parent’s fundamental rights to raise their children is not easy. You must be able to show by a preponderance of the evidence demonstrating that granting you visitation is in the best interests of your grandchildren. A grandparent being denied visitation often arises when the parents have divorced or separated or in the case of the death of a parent.

How to Prove That Grandparent Visitation Is In Children’s Best Interests

The Court considers many factors when it must decide whether grandparent visitation is in a child’s best interests, including:

• The grandparent’s relationship with the child
• The grandparent’s relationship with the child’s parents
• How long it has been since the grandparent last saw the child
• The effect that visitation would have on the relationship between the child and their parents
• The time sharing arrangements between the parents if they are divorced or separated
• Whether the grandparent is filing in court in good faith
• Whether there is a history of abuse or neglect of the child by the grandparent
• Any other relevant factor

It is presumed that grandparent visitation is in the child’s best interests if the grandparent had previously been a full-time caretaker for the child.

Importantly, it is the grandparent’s burden to prove that grandparent visitation is in the child’s best interests. This means that they must provide evidence to the Court to prove their case, rather than the parents simply having to defend against grandparent visitation.

What Is the Legal Process for Requesting Visitation with Grandchildren?

The legal process for requesting visitation with your grandchildren starts with filing a formal Verified Complaint for grandparent visitation in the New Jersey Superior Court in the county where the child resides. You will then be required to present evidence to prove your case. This often occurs over the course of multiple court hearings. The Court may order you to attend mediation with your grandchild’s parent or parents.

Reach Out to Our Office if You Cannot See Your Grandchildren

Unfortunately, a grandparent does not have automatic visitation rights in New Jersey. If you believe that your presence in their lives is in their best interests, you have the right to seek legal recourse with a Moskowitz Law Group family law attorney on your side.

In these matters, you need a strong voice and guiding hand to seek the best possible outcome in your case. Schedule your free virtual consultation with a member of our legal team now to learn more.