Essex County Grandparents’ Rights Lawyer
Sometimes, grandparents find themselves unable to see their grandchildren due to difficult family conditions. If you are a grandparent struggling through a hard situation with your family, an Essex County grandparents’ rights lawyer may be able to help.
While the law grants some visitation rights to grandparents, it also places significant limitations on those rights. A compassionate family law attorney could help you understand your rights and act as an advocate for your best interests.
Grandparents’ Statutory Rights to Visitation
Grandparents could submit an application to the court for visitation with a child under New Jersey Revised Statutes §9:2-7.1. The grandparent must prove to the court that visitation is in the child’s best interests.
The judge considers several factors when ruling on an application for grandparent visitation. These include:
- The relationship between the child and grandparent
- The relationship between the child’s parent, a guardian the child lives with, and the grandparents
- The effect visitation might have on the child’s relationship with their mother and father
- Existing parenting time arrangements when the child’s parents are divorced
- Whether the application was filed in good faith
- Any history of abuse by the applicant
- Any other factor that is relevant to the best interests of the child
A strained relationship between a grandparent and the child’s parent or another guardian can make these cases difficult, and it may be difficult for a judge to understand family histories. A capable visitation lawyer in Essex County could help a grandparent present convincing evidence to the court.
When Grandparents Were a Child’s Full-Time Caregiver
Grandparents often step up to care for children when a parent is otherwise unable to care for a child. However, once that child is back in the care of their birth parent(s), grandparents may no longer have a guaranteed legal right to see their grandchild.
Fortunately, the law does recognize that a special relationship can develop between a child and grandparents who were full-time caretakers. An Essex County grandparents’ rights attorney could fight to help a grandparent maintain their relationship with a child in this situation.
Limitations on Grandparents’ Rights
Grandparents can face major challenges when pursuing visitation rights. Several court rulings have affirmed parents’ rights to make decisions for their children. These rulings mean that parents may be able to prevent visitation even if the child might benefit from time with their grandparents.
If a parent opposes grandparent visitation, the grandparent must show that a denial of visitation rights would harm the child. Doing this may require detailed evidence and expert witnesses, and failure to present a convincing case may lead to the denial of an application for grandparent visitation.
Understanding these laws, preparing complex evidence, and facing a child’s parents in court are not easy feats. However, compassionate legal counsel could help grandparents fight for time with their grandchild.
Consider Help from an Essex County Grandparents’ Rights Attorney
Although grandparent visitation cases are not always easy, filing an application with the court might help you maintain a prescious relationship with your grandchild. An Essex County grandparents’ rights lawyer may be able to help you present the necessary evidence and testimony in a courtroom. Call today and let compassionate legal counsel help your family.