Grandparent visitation is allowed in the State of New Jersey. However, the rights of grandparents are significantly restricted. Parents have a fundamental right to rear their children; this includes whether and when relatives may visit with their children. In order to secure visitation, a grandparent must show that it would be harmful to the grandchild to prevent such visitation.
This standard is high. Grandparents must have a substantial and continuous relationship with the child. Typically, this means the grandparents must demonstrate that the child has lived with them or that they have provided consistent care for the child for a significant amount of time, or that they have had consistent, if not daily contact with the child.
If you are seeking visitation, I may be able to assist you. Recently, I secured a grandparent's right to visit with her granddaughter where the grandparent had raised the child for the first four years of the child's life. In another matter, I was able to secure custody for a couple unrelated to the child, and over the biological father's objection, where the couple had reared the child for some eight years. This latter case involved a long and difficult trial, with expert testimony offered by both sides.
Your situation will depend on your particular circumstances. As you can see from the discussion above, you face an uphill battle in securing visitation. Nevertheless, relations between children and their grandparents are important. Feel free to contact me for a consultation regarding your matter.
