Grandparents are an important part of a child’s life but sometimes after a divorce or death of a parent, the other parent may keep grandparents away from the grandkids. In such cases, the grandparents should know what rights they possess and how they can demand visitation to their grandkids or even their custody.
As with any custody battle, it’s obvious that grandparents will need the help of a good child custody lawyer in New Jersey. However, there are also quite a lot of other formalities that the grandparents need to complete in order to win custody and visitation rights to their grandkids in New Jersey.
If you are wondering what rights you have as a grandparent, then this article will provide you with just the right information.
How can you win the custody of your grandchild and visitation rights?
It is important to know that in the state of New Jersey, it is a grandparent’s right to request visitation with their grandchildren or even demand custody in certain situations like parent’s divorce, death of a parent, negligence by parents, and many more. However, if you want to request visitation or custody, you will first be required to produce the burden of proof that is the evidence regarding the possible harm to your grandchild if your visitation request was denied.
This evidence can be:
- Death of a parent or divorce of parents
- Major changes in the child’s living conditions due to the parent’s divorce
- Evidence that the child’s mental health is at harm due to these changes
- Proof that having the grandparents around will be a positive thing for the child’s health and wellbeing
- A healthy and established grandparent-grandchild relationship.
The court might take the above evidence into consideration while deciding if you should be granted the child’s custody and visitation rights. To make your case strong, it is important that you go for the best child custody lawyer in New Jersey and have faith in your love for your grandkids.
Another thing that may persuade the court to make the judgement in your favor is if you had previously taken care of the child all on your own and served as a caretaker. This will indicate that you have the child’s best interests at heart.
What process do you have to follow?
If you wish to appeal for the custody and visitation rights of your grandchildren, then you will have to follow the specified legal process that involves filing a petition as the first step of the process. In this petition you will be required to describe your relationship with the child, and the difficulties the child may face if you were denied the custody and visitation rights. After you file the petition, you will need to send notice to the parents. An out of court agreement is advised before the hearing in the court. If that does not work, then you will need to plead your case during the court hearing with a good child custody lawyer Read more
