Child custody is one of the most important matters to determine during a divorce. This decision can impact those close to the child, including grandparents. As a result, some grandparents request a visitation order. Read on to learn more about grandparents’ rights in New Jersey and how to request a visitation order.
What is a Visitation Order?
Typically, in New Jersey, both parents will have custody of their child. But, in some cases, only one parent will be awarded custody. Oftentimes, in cases like this, the grandparents on the non-custodial side will still want to see the child. If they are worried that the custody arrangement will not permit them to see their grandchild, they can request a visitation order through a New Jersey court.
Who Can Request a Visitation Order?
Only certain family members can request a visitation order. This includes the non-custodial parent, grandparents, and siblings. Unfortunately, other extended family members cannot request visitation orders in New Jersey.
What Factors Will Be Considered?
When a court is deciding whether or not to allow visitation, they will examine a number of different factors. The court will examine these factors in order to make a decision that suits the child’s best interests. It is important to note that the court’s goal is to ensure that the child’s standard of living is the same, or better, than before the divorce. To do so, they will consider the following:
- The relationship between the guardian or parent and the applicant
- The time that has passed since the last contact with the child
- The bond between the child and applicant
- Whether these visitation rights will have a positive or negative effect on the child
- The good faith of the applicant, meaning there are no ulterior motives behind his or her applying for visitation rights
- If the parents are divorced or separated, the time-sharing arrangement which exists between the parents regarding the child
- Any history or indication that the applicant may pose a danger to the child
- Any other factor relevant to the court
How Do I Begin the Process?
In order to begin the process of requesting visitation, you should speak with an experienced family law attorney. An application for visitation can be drafted and brought to the court. If the application is approved, the court will pass down an order to be followed by all parties.
If you are a grandparent fighting for visitation, contact our firm today. We are here to advocate for you and walk you through the process each step of the way.
Contact our Firm
We understand that those getting a divorce most likely have several questions regarding the weeks and months to come. Paris P. Eliades Law Firm, LLC is honored to serve the people of New Jersey, including Sparta, Sussex County, Morris County, Passaic County, and Bergen County with the quality legal services they deserve. If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact our firm for a consultation today.