Grandparent Visitation

shutterstock_13854982In certain situations, grandparents and parties acting on behalf of a child’s siblings have the right to seek visitation. Such applications are governed by the following factors:

 

  1. The relationship between the child and the applicant.
  2. The relationship between each of the child’s parents or the person with whom the child is residing and the applicant.
  3. The time that has elapsed since the child last had contact with the applicant.
  4. The effect that such visitation will have on the relationship between the child and the child’s parent or the person with whom the child is residing.
  5. If the parents are divorced or separated, the time sharing arrangement that exists between the parents with regard to the child.
  6. The good faith of the applicant in filing the application.
  7. Any history of physical, emotional or sexual abuse or neglect by the applicant.
  8. Any other factor relevant to the best interests of the child.

N.J.S.A. 9:2-7.1(b)

Additionally, it shall be prima facia evidence that visitation is in the child’s best interest if the applicant had, in the past, been a full-time caretaker for the child. N.J.S.A. 9:2-7.1(c).