When a couple gets a divorce and children are involved, it is common for child custody and visitation rights to involve both the parents and grandparents. Although grandparent visitation rights are not necessarily part of child custody rulings, the court may decide to include this as part of the legal contract if the grandparents have become particularly close with their grandchildren. Here is what you need to know if this aspect of a divorce settlement applies to your situation:
Grandparent Visitation Rights: The Basics
All 50 states have some form of visitation rights statutes for grandparents when parents get divorced. In New Jersey, this visitation statute allows grandparent(s) to visit the child, even if one or both of the parents don’t agree to it, but only if the grandparent(s) can prove that it is in the best interest of the child. This statute was put into place in 1993 during the case of Moriarty v. Bradt where the New Jersey Supreme Court ruled that grandparents can be allowed visitation rights if they can prove that a lack of contact will cause harm to the child.
Determining Grandparent Visitation Rights
The most difficult part for grandparents in New Jersey is that the “burden of proof” falls on them to prove not only that visitation rights will help the child, but that the child will be harmed if visitation rights are denied. This “harm standard” in New Jersey is tougher than conventional visitation rights statutes in some other states.
What Is Factored Into the Decision?
A family law court will decide if a grandparent should be awarded visitation rights based on a number of factors, including:
- The relationship between the child and the grandparent(s)
- The relationship between the child’s parents and the grandparent(s)
- If the parents are divorced, separated, or if there is any preexisting contract regarding child custody and child support
- How much time has passed since the grandparent(s) have had contact with the child
- Any duties or responsibilities that the grandparent(s) have fulfilled for the child in the past
- Whether or not grandparent visitation rights would have a negative effect on the child’s relationship with his/her parent(s)
- Any history of emotional, physical, or sexual abuse by the grandparent(s)
- How a lack of visitation would negatively affect the child’s upbringing
It is very common for grandparent visitation disagreements to appear when two parents are in the middle of a divorce settlement — and especially if the parents are having trouble coming to an agreement about child custody and visitation rights between themselves.
The average divorce proceeding lasts about a year and around 10% of the U.S. population is divorced, which equals around 1.5 million children every year who see their parents divorce. In many cases, grandparents can offer more stability to the children if their parents are going through a nasty divorce case! The good news is that New Jersey courts understand the importance of a child’s relationship with his or her grandparents.