Grandparents hold an indispensable role in the lives of their grandchildren, contributing to their stability, security, and nurturing them with unconditional love. However, unfortunate circumstances can strain relationships, denying grandparents access to their beloved grandchildren. Thankfully, New Jersey acknowledges grandparents’ invaluable presence and enforces their visitation rights through the court system. This article aims to provide an overview of New Jersey law regarding grandparent visitation rights and outlines the necessary steps that grandparents can take to assert these rights.
Understanding Grandparent Visitation Rights
In New Jersey, the significance of maintaining strong relationships between grandparents and their grandchildren is widely acknowledged. The New Jersey Superior Court Appellate Division (NJ App. Div.) emphasized this important bond in the case of Moriarty v. Bradt, 177 N.J. Super. 84 (1981), granting grandparents a "presumption of standing." This legal principle allows grandparents to seek visitation rights when they can establish that such visitation is in the best interest of the child. Moreover, a specific New Jersey statute enacted in 2003, N.J.S.A. 9:2-7.1, grants grandparents the explicit right to petition the court for visitation under certain circumstances.
Types of Visitation Rights for Grandparents
New Jersey law recognizes two types of visitation rights that grandparents can pursue: visitation rights for grandparents who are not the child’s biological or adoptive parents and visitation rights for the grandparents of a deceased parent.
Visitation Rights for Grandparents who are not the Child’s Biological or Adoptive Parents
As outlined by N.J.S.A. 9:2-7.1, grandparents who are not the child’s biological or adoptive parents can seek visitation rights if the following conditions are met:
- The child’s parents are either divorced, separated, or have lived apart for a minimum of six months.
- One of the child’s parents is deceased, or one of the child’s parents has been missing for at least three months.
- The child was born out of wedlock, and the parents do not reside together or have not cohabited since the child’s birth.
- The grandparent had a prior relationship with the child that was reasonably significant or substantial.
After meeting these conditions, the grandparent must present evidence demonstrating to the court that visitation is in the best interests of the child. The court considers various factors, including the quality of the relationship between the grandparent and the child, the reasons for the parent’s objection to visitation, the duration since the grandparent last had contact with the child, and any potential harm that may arise from granting or denying visitation.
Visitation Rights for the Grandparents of a Deceased Parent
N.J.S.A. 9:2-7.1 allows the grandparents of a deceased parent to pursue visitation rights if:
- The grandparent had an established relationship with the child before the death of the child’s parent.
- The proposed visitation would not disrupt the child’s relationship with his or her surviving parent.
- The court determines that the visitation is in the best interests of the child.
Asserting Grandparents’ Visitation Rights: Step-by-Step
To assert visitation rights in accordance with New Jersey law, grandparents must follow specific steps. These steps include:
Filing a Petition: Grandparents must file a petition with the court to formally request visitation rights. The petition should encompass comprehensive details about the grandparent’s relationship with the child, reasons for the parent’s objection to visitation, and any relevant information supporting the grandparent’s case.
Attendance at a Hearing: Once the petition is filed, the court will hold a hearing to determine whether visitation is in the best interests of the child. During the hearing, both the grandparent and the parent(s) will have the opportunity to present evidence and testimony, bolstering their respective positions. After carefully reviewing all evidence, the court will either grant or deny visitation rights.
Developing a Visitation Schedule: In the event that the court grants visitation rights, the grandparent and the parent(s) will collaborate to establish a visitation schedule that suits everyone involved. This collaborative effort aims to ensure the child’s well-being and maintain a harmonious relationship among all parties. However, if the court denies visitation rights, grandparents may petition the court for a modification of the order in cases where significant changes in circumstances arise.
Conclusion
In New Jersey, grandparents possess legal rights to visitation with their grandchildren in specific circumstances. Acknowledging the profound impact of the grandparent-grandchild relationship and the benefits it brings to children, New Jersey laws ensure that grandparents can assert their visitation rights. Grandparents who have been denied access to their grandchild must take decisive action to assert their rights. By filing a petition, showcasing the positive relationship they share with their grandchild, they have the opportunity to establish a visitation schedule that allows for a meaningful and enduring connection.