Grandparents’ Rights Lawyer in Monmouth County

Grandparents can be an essential support system for their grandchildren. When parents or other parties deny grandparents the right to see their grandchildren, this can be emotionally devastating for everyone involved. Though it may feel impossible to fight against a custodial or biological parent’s claims, a grandparents’ rights lawyer in Monmouth County can help you enforce your rights.

Grandparents have the legal right to visitation when they can prove it is in the best interests of their grandchild. The skilled family attorneys at Moskowitz Law Group understand the steps you must take and the evidence you may need in court. Applying for visitation can be challenging, especially if you end up needing to redo it because of mistakes you made trying to do it on your own. So prompt legal guidance is essential to maximize your chances of success.

Applying for Visitation Rights as a Grandparent

The first step an attorney can help a grandparent with is creating a proposed schedule for visitation with the grandchild. If this proposal is not approved, a grandparent can file a non-dissolution application in the family court requesting grandparent visitation. The court will consider the following factors to make this decision:

  • The relationship between the child and the applicant
  • The relationship between each of the child’s parents or guardian and the applicant
  • The time which has elapsed since the child last had contact with the applicant
  • The effect that visitation will have on the relationship between the child and their parents or guardians
  • If the parents are divorced or separated, the time-sharing arrangement which exists with the child
  • The good faith of the applicant
  • Any history of physical, emotional, or sexual abuse or neglect by the applicant
  • Any other factor relevant to the best interests of the child

There is a rebuttable presumption that visitation is in the grandchild’s best interests if the applicant had, in the past, been a full-time caretaker for the grandchild. State law places the burden on the applicant to prove that granting visitation is in the grandchild’s best interests. Anyone in Monmouth County looking to apply for visitation rights with their grandchild should seek the help of a grandparents’ rights lawyer, as this application can be a complicated legal process that must be done correctly.

De Facto Parents May Apply for Custody

Like siblings, grandparents are typically considered a third party in relation to a child. This category typically limits a grandparents’ rights to visitation. However, a grandparent may have taken on the role of providing for a child if their parents were not present. In these circumstances, a grandparent may be considered a “de facto parent” and be eligible to apply for custodial rights over the child if they demonstrate they have met the child’s need for care and formed a strong psychological bond like a child would have with a parent. This is called “psychological parenthood.”

Challenges to Obtaining Visitation Rights as a Grandparent

Grandparents do not automatically have the right to visitation. They have to prove it and it may be difficult to prove it is in the grandchildren’s best interests to have this relationship. Some grandparents may not have had the opportunity to develop a close relationship with a child but want to in the future. Other times, the parents may try and intervene to try and maintain control over their child.

A common case that threatens grandparents’ rights is when their child, the parent of their grandchild, passes away or is incarcerated. Even when the grandparent has developed a close bond with the child and sees them frequently, this circumstance may lead the other parent to suddenly deny the grandparent access. In these cases, grandparents in Monmouth County can petition for visitation rights with the help of a grandparent’s rights attorney.

Let a Monmouth County Grandparents’ Rights Attorney Enforce Your Rights

When your relationship with your grandchildren is threatened, you may feel as though you are powerless against the will of custodial or biological parents. However, you have certain rights to visitation if you can demonstrate that this relationship is in the children’s best interests.

It is essential to seek legal counsel who can guide you through each step of this process and help fight for your right to see your grandchildren. A Monmouth County grandparents’ lawyer is here to help. Call today to schedule a free consultation with Moskowitz Law Group.

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