Filing for Custody of a Grandchild in New Jersey
Tragic situations can occur that may require grandparents to assume primary or sole care of their grandchildren. Sometimes parents agree that grandparents should take over as a temporary measure, but in other cases, grandparents must seek custody in court.
Filing for custody of a grandchild in New Jersey is a complicated process. The grandparents’ rights attorneys at Moskowitz Law Group work exclusively in family law and have the expertise required to handle these matters.
Negotiating a Custody Agreement
When circumstances and family dynamics allow, negotiating a transfer of custody from parents to grandparents benefits all parties. Sometimes, the parties can do this on their own, but it is often helpful to work with a family law mediator.
Transferring legal custody to the grandparents gives them the authority to make major decisions about the children’s upbringing. Transferring physical custody makes the grandparents’ home the children’s home for all purposes, including school registration.
Families seeking to voluntarily transfer custody from parents to grandparents should consult with a New Jersey custody attorney. A legal professional can formalize the agreement in writing and file it with the Court to make it enforceable like any other order of the Court.
Claiming Custody Rights Over Grandchildren
When grandparents seek to assume responsibility for their grandchildren with a parent’s permission, N.J.S.A.§ 9:2-4 requires the Court to apply the best interests of the child standard in reviewing and approving the parties’ agreement. The same Statute says that the Court must approve the agreement unless it is not in the best interests of the children.
When parents do not agree to hand over custody of their children, a New Jersey grandparent has two legal avenues to assert custody rights. Both strategies are legally complex. Working with a skilled and experienced family law attorney is critical.
Third-Party Custody
New Jersey recognizes the rights of parents to raise their child as they see fit. Thus, a grandparent seeking to overcome a parents’ right to custody of their children must prove the parents are unfit. These situations often arise when the Division of Child Protection and Permanency (DCPP) gets involved with a family. Although DCPP intervention is not necessary for a parent to be declared unfit, the involvement of the agency provides credible evidence that the parents are not providing a safe or supportive home environment. To prove that a parent is unfit, the grandparents must prove with evidence that the parent’s conduct has had a substantial adverse effect on the children.
Psychological Parent
An alternative way for a grandparent to assert custody rights is to prove that they are a psychological parent to the child. The Court conducts a four-part test to determine whether a grandparent may be a psychological parent:
- One of the child’s parents must have consented to the grandparents playing a parent-like role in the child’s life and to have fostered that relationship
- The grandparent must have lived with the child
- The grandparent made significant contributions of financial, emotional, and other forms of support for the child, similar to the role of a parent
- A strong emotional and parent-like bond exists between the child and the grandparent
The consent prong of the four-part test is met if the parent once consented to the grandparent’s close relationship with the child, even if the parent contests the grandparent’s claim to be a psychological parent.
When a grandparent can establish that they function as a psychological parent in the child’s life, a Court may grant them parental rights equal to those of the child’s legal parents. If the grandparent then asserts residential custody rights, the judge will determine whether residential custody with the grandparent is in the child’s best interests.
Consult Moskowitz Law Group About Grandparent’s Custody Rights in New Jersey
Filing for custody of a grandchild in New Jersey triggers challenging emotional and legal issues. It is essential to seek guidance from an experienced family law attorney.
The lawyers at Moskowitz Law Group devote their practice to family law. We can provide sound advice and effective advocacy for grandparents seeking custody of their grandchildren. Reach out today.
