How to Petition for Grandparent Visitation in New Jersey

Family relationships can be complicated, especially after a divorce, separation, or the loss of a parent. Sadly, one of the relationships most affected by family conflict is often the bond between grandparents and grandchildren. If you are a grandparent in New Jersey who has been cut off from your grandchildren, you may be wondering whether you have any legal rights to maintain that connection.

The answer is yes. Under certain circumstances, grandparents in New Jersey can petition the court for visitation. However, the law sets a high bar, and these cases can be challenging without experienced legal help. At the Law Offices of John B. D’Alessandro, we guide grandparents through the petition process with compassion and a clear understanding of what it takes to succeed.

Below, we break down what you should know about grandparents’ visitation rights in New Jersey. For help with this issue as a grandparent or parent in Union, Essex, or Middlesex County, contact the Law Offices of John B. D’Alessandro to meet with an experienced and knowledgeable Union grandparents’ rights lawyer.

Do Grandparents Have Visitation Rights in New Jersey?

New Jersey law recognizes that grandparents can play an important role in a child’s life. However, parents have a fundamental constitutional right to raise their children as they see fit. This means the law presumes that a parent’s decision to deny or limit grandparent visitation is in the child’s best interests unless the grandparent can prove otherwise.

In New Jersey, grandparents (and siblings) can petition for visitation under N.J.S.A. 9:2-7.1, but the burden is on the grandparent to show that visitation is necessary to avoid harm to the child. Simply proving that contact would be “nice” or “good” is not enough; the grandparent must demonstrate that cutting off the relationship would cause significant harm.

When Do Grandparents Typically Seek Visitation?

Grandparent visitation petitions are most common in situations like the following:

• The parents are divorced or separated, and the custodial parent is denying access to the grandparent.
• One parent has died, and the surviving parent has severed ties with the deceased parent’s family.
• There is a longstanding, close relationship between the grandparent and the child that has suddenly been cut off.
• The child previously lived with the grandparent or was cared for by the grandparent for an extended time.

While each situation is unique, courts will look closely at whether the grandparent’s presence is essential to the child’s continued emotional well-being.

How Courts Decide Grandparent Visitation

When deciding whether to grant visitation, New Jersey courts apply a multi-factor test to determine whether visitation is in the child’s best interests. Under the statute, the court will consider:

• The relationship between the child and the grandparent.
• The relationship between the grandparent and the child’s parents or guardian.
• The amount of time that has passed since the child last had contact with the grandparent.
• The effect visitation might have on the relationship between the child and their parents or guardian.
• The good faith of the grandparent in filing the petition.
• Any history of physical, emotional, or sexual abuse or neglect by the grandparent.
• Any other factor relevant to the child’s best interests.

One of the most persuasive factors is whether the grandparent has acted as a caregiver or played a significant role in the child’s upbringing. For example, if a child lived with the grandparent for a period of time or regularly relied on them for daily care, the court is more likely to find that severing that bond could cause harm.

How to File a Petition for Visitation

To start the process, a grandparent must file a formal petition in the family court of the county where the child lives. The petition should include:

• A clear statement of the relationship between you and your grandchild.
• The specific reasons why visitation is in the child’s best interests.
• Evidence supporting your claim that the child will suffer harm without continued contact.

Supporting evidence might include photographs, letters, statements from witnesses, or other proof of the relationship’s depth and history.

The court will notify the child’s parents, who have the right to respond and present their side. If the parents oppose visitation, the court may hold a hearing where both sides present testimony and evidence.

In some cases, the court may order mediation to see if an agreement can be reached before a judge makes a final decision.

Tips for Grandparents Seeking Visitation in New Jersey

• Be Prepared for a High Standard: The burden of proof is on you to show actual harm to the child, not just that you miss them.

• Act in Good Faith: Courts look favorably on grandparents who act out of genuine concern, not to interfere or create conflict with the parents.

• Keep Communication Civil: Avoid actions that might make the situation worse, such as speaking badly about the child’s parents or ignoring parental rules.

• Gather Strong Evidence: Be ready to show a clear history of involvement and how that involvement has benefited the child.

Get Help from an Experienced Union, NJ, Family Law Attorney

Grandparent visitation cases are complex and emotionally sensitive. Courts carefully balance the child’s need for family connection with parents’ rights to make decisions about their child’s upbringing. At the Law Offices of John B. D’Alessandro, we understand how much is at stake for grandparents and grandchildren alike. If you’re a grandparent seeking visitation in Union, Essex, or Middlesex County, contact us today to discuss your options. We’re here to help you protect the bonds that matter most.