Divorces impact more people than just the two spouses involved. In many situations, it can significantly affect their families. When there are children involved, parents often worry about the time they will spend with them. This same concern applies to grandparents as well. In most cases, the court encourages the involvement of grandparents in a child’s life, as it can allow for positive development during their upbringing. It is because of this that grandparents can have certain visitation rights as well. Continue reading below to learn more and contact an experienced New Jersey family law attorney for assistance with your case.
How do Grandparents Receive Rights?
Grandparents who want visitation rights to their children are required to follow a certain process. This starts with filing a formal motion with the court. When this happens, the court will consider a variety of factors to determine if visitation should be allowed. This can include the following:
- The relationship between the parents and the grandparent
- The effect the visitation will have on the relationship between the child and the child’s parents
- The time-sharing arrangement between the parents and the child
- The relationship between the child and the grandparent
- Any history of abuse (physical, emotional, sexual) or neglect by the grandparent
- The amount of time since the child last saw their grandparent and the reasons for any lapse in contact
- If one parent is deceased, the court may consider the time-sharing agreement that was previously established with the deceased parent
- The good faith of the grandparent while applying
- Any other factor pertaining to the best interests of the child
Can a Grandparent Become a Guardian?
It is extremely emotional if a child loses their parent or is removed from their custody. In these situations, grandparents can become the child’s legal guardian depending on the circumstances. In some situations, grandparents can even request custody of their grandchild from the parents. This may be in the event of:
- Incapacitation
- Economic limitation
- Abandonment
- Child abuse or neglect
- Substance abuse
- Mental health matters
- Incarceration
- Medical conditions
Contact our Firm
If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.
