As a grandparent, you have an absolute interest in the well-being of your grandchild. If the parents of your grandchildren have divorced and have settled their custodial issues, their new custodial arrangement could conflict with your wishes as a grandparent including how often you will be able to see your grandchildren. Although New Jersey has a statute in place to protect grandparent rights, the body of case law in this area continues to evolve and the outcome of each case is very fact sensitive. Enforcing your right to see your grandchildren is more difficult than one would think. 

If you are a grandparent and seek assistance in acquiring visitation rights with your grandchildren, your first step is to seek the help of an experienced attorney in this area of grandparent rights. 

As a grandparent, you need to be able to offer proof that your participation in your grandchild’s life is in his or her best interest. If, for example, you can prove that you have had frequent contact in the child’s life or if the child lived with you for a period of time, this will go a long way in proving visitation is in the child’s best interest and that there is no definable harm to the child if visitation occurs. Should the Court determine that a grandparent poses any kind of risk to the child’s safety, visitation may not be granted. 

As a grandparent, you do have certain legal rights to visit your grandchildren. At the Law Offices of Sylvia S. Costantino, Esq., LLC, we are experienced in helping grandparents protect their rights.