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Are Grandparents Allowed Visitation Rights in New Jersey?

Fortunately, grandparents have the right to a visitation order. If you have questions about your situation, do not hesitate to reach out to our skilled New Jersey family law attorneys to learn more about your options.

Can grandparents request a visitation order?

There are specific family members that are able to request a visitation order. These family members include parents, grandparents, and siblings. Unfortunately, other family members, including stepparents, aunts, uncles, and cousins are not able to request visitation. It is important to note that those who are not permitted to request visitation cannot appeal this no matter how close with the child they are.

How can grandparents receive rights?

Grandparents that would like visitation rights for their grandchildren must go through a specific process. This begins with filing a motion to the court. Once the court receives the motion, they will consider a number of different factors before arising at a conclusion. It is important to note that all of the factors that the court will use must align with the best interests of the child. The court may consider the following factors:

  • 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
  • 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

Is a grandparent able to become a guardian?

In the unfortunate circumstance where a child loses their parent or their parent is removed from their custody, a grandparent may want to step up and become their grandchild’s legal guardian. In other cases, a grandparent can request custody of their grandchild from the parents. This may occur in the event that the parent(s) face:

  • Abandonment
  • Child abuse or neglect
  • Substance abuse
  • Incapacitation
  • Economic limitation
  • Medical conditions
  • Mental health matters
  • Incarceration

Do not hesitate to reach out to our firm today if you are going through a custody issue with your grandchild. Our firm is equipped with the knowledge and experience required to ensure that you and your grandchild are protected.


At Townsend, Tomaio & Newmark, LLC, our seasoned divorce and family law attorneys ensure that through the process of resolving your family matter, you feel empowered, not overwhelmed. Providing unwavering support, undivided attention, and unflinching advocacy, our team invests in your cause, working tirelessly to pave your path toward a brighter tomorrow. If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.