When you learn that you’re becoming a grandparent, it can be an incredibly exciting time. Not only do you get to watch your child become a parent, but you also get the experience of becoming a grandparent. However, if a change in your relationship with your child or their spouse occurs, they may make the decision to bar you from having a relationship with your grandchild. As such, you may wonder if you have any legal options to continue seeing your grandchild. If this reflects your circumstances, the following blog explores what you should know about grandparents’ rights to visitation and the importance of working with a Somerset County family law attorney to help you explore the best course of action for your needs.
Are Grandparents Able to Fight for Visitation Rights?
There are a multitude of reasons that a grandparent may be unable to see their grandchild, all of which can be difficult for all parties involved. The parents and grandparents may have a falling out, one parent may pass away, or a divorce can occur. Regardless, it can be difficult to know that your grandchild is growing up with you no longer a part of their life.
It’s important to understand that New Jersey, like all states, allows a grandparent to fight for visitation rights with the child. While this can be a sign of hope, it is necessary to understand that the burden of proof rests on the shoulders of the grandparent seeking visitation.
What Will the Court Consider?
When a grandparent petitions the court to seek visitation with their grandchild, the court will consider a number of factors. Generally, the court will align with the parents’ views. This is because the court, in most instances, aligns with the parents because the parents have the legal right to make these decisions, and it is assumed that parents make decisions in the best interests of the child in mind.
As such, when a grandparent seeks visitation rights with their grandchild, the court, in addition to prioritizing the best interest of the child, will consider the following factors:
- The strength of the relationship between the child and grandparent
- How much time has passed since the child and grandparent interacted
- Why the grandparent has been barred from seeing the child
- If there are allegations of abuse or neglect against the grandparents
You should also note that a grandparent seeking visitation must show that not only is it in the best interest of the child, but that not having a relationship with the grandchild would actually be to the detriment of the child.
As you can see, fighting for visitation can be an incredibly difficult process as a grandparent. That is why it’s imperative to connect with an experienced attorney with the Siragusa Law Firm to help you discuss your legal options. Our team will do everything in our power to help you fight for the best possible outcome for your circumstances. Contact us today to learn how we can represent you.