Visitation and Grandparents’ Rights in Hackensack
Grandparents often play a vital role in a child’s development, offering advice, attention, and companionship. However, these relationships do not always guarantee that a grandparent will see their grandchildren, especially if their own child has passed away and their son or daughter-in-law prevents them from having contact with their grandchildren. Parents in New Jersey have the right to make decisions for their children, including whether the child can see their grandparents. Under certain circumstances, however, a grandparent has the right to request visitation despite a parent or both parents’ objections.
The laws regarding visitation and grandparents’ rights in Hackensack are complex and depend on many factors. If you are a grandparent who has been denied the right to see your grandchildren, the family law attorneys at Moskowitz Law Group can help you explore your legal options.
How to Apply for Grandparent Visitation Rights
The process of applying for grandparent visitation rights in Hackensack requires filing a complaint for grandparent visitation in the Court. An effective complaint is much more than a simple request. It must include specific details about the grandparent’s current and past relationship with the children, how the loss of the relationship could negatively impact the child, and how visitation would be in the children’s best interests. The complaint must then be served upon the children’s parents. Once the parents have been served, a hearing will be scheduled, and the parents will be given an opportunity to respond to the complaint before the hearing. The Court will usually require the parties to attend mediation to attempt to reach an agreement before the Court makes any decisions. If an agreement is not reached in mediation, the Court will have to make a determination, which will usually involve multiple court hearings after the first hearing.
Factors Considered by the Court for Grandparents’ Visitation Rights
Although grandparents have the right to request visitation, there is no guarantee that the request will be granted. New Jersey courts prioritize the parents’ right to make decisions for their children. This can complicate a grandparent’s rights to visitation even when the relationship is important to the child. The Court considers the following factors to determine whether grandparents’ visitation is in the best interest of the child:
- The relationship between the child and the grandparents
- The relationship between each of the child’s parents or the person with whom the child is residing and the grandparents
- The time that has elapsed since the child last had contact with the grandparents
- The effect that such visitation will have on the relationship between the child and the child’s parents or the person with whom the child is residing
- If the parents are divorced or separated, the time-sharing arrangement that exists between the parents with regard to the child
- The good faith of the grandparents in filing for visitation
- Any history of physical, emotional or sexual abuse or neglect by the grandparents
- Any other factor relevant to the best interests of the child.
The Court will presume that visitation is in a child’s best interests if a grandparent was a full-time caretaker for the child in the past. The parents will be given an opportunity to rebut that presumption.
A skilled grandparents’ rights attorney can help grandparents make an effective case for why visitation is in their grandchild’s best interests.
Consult with an Experienced Family Law Attorney to Learn More About Grandparents’ Visitation Rights
Understanding the complex laws regarding visitation and grandparents’ rights in Hackensack can be confusing. While New Jersey courts prioritize the rights of the parents, there are many circumstances when visitation with grandparents is in the child’s best interests. If you have been denied the right to see your grandchildren, an experienced lawyer can help you understand your rights to visitation and the strength of your case. The family law attorneys at Moskowitz Law Group have extensive experience navigating the laws regarding visitation and grandparents’ rights in Hackensack. We can help grandparents gain the right to see their grandchildren. Contact us today to schedule a consultation to learn more about your rights.
