Can grandparents request a visitation order?
It is important to note that parents, grandparents, and siblings are the only family members that are able to request a visitation order. Unfortunately, other family members, including stepparents, aunts, uncles, and cousins are not permitted to request visitation. Also, those who are not permitted to request visitation cannot petition this no matter how close with the child they are.
How can grandparents receive rights?
If you are a grandparent that would like to obtain visitation rights for your grandchildren, you must go through a specific process. The process will begin with filing a motion to the court. After the court receives the motion, they will analyze several different factors before coming to 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 also considers the following factors:
- The relationship between the child and the grandparent
- Any history of abuse (physical, emotional, sexual) or neglect by the grandparent
- The time-sharing arrangement between the parents and the child
- 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 event where a child loses their parent or their parent loses custody, a grandparent may want to take on the role of becoming their grandchild’s legal guardian. In other instances, a grandparent can request custody of their grandchild from the parents. This can occur in the event that the parent(s) face:
- Child abuse or neglect
- Substance abuse
- Economic limitation
- Medical conditions
- Mental health matters
If you are going through a custody issue with your grandchild, do not hesitate to reach out to our skilled New Jersey family attorney. Our firm is dedicated to ensuring that you and your grandchild are protected.
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If you require experienced legal representation for a matter of Family Law, Supplemental Security Income, Medical Malpractice, Social Security Disability, or Legal Malpractice, Siragusa Law Firm is here to help. Contact our firm today to schedule a consultation so we can discuss your case.