Often, when one talks about divorce, it is the plight of the children in question and the parent that is the most discussed. Of course, the very nature of shared and sole custody is that children separate from a parent for a short or long duration, respectively. However, what is less talked-about, and equally important, is what happens to the relationship between children and their grandparents.
In fact, this is such a niche topic that most people don’t even know whether grandparents have their rights during a divorce! With this in mind, it’s time to find out more about grandparent visitation rights, whether grandparents can sue a parent during a divorce, and whether there are any laws that protect grandparents.
What are a grandparent’s visitation rights in New Jersey?
Let’s get straight to what the law says – In New Jersey, grandparents are allowed to request visitation as long as it’s reasonable. In other words, it means that grandparents can ask the child’s guardian to let them see the child regularly. When parents work out a reasonable schedule and ensure that the grandparents are not cut out of the child’s life, then there’s absolutely nothing to worry about.
However, when grandparents visitation rights are concerned, not all divorce is amicable. When parents do not allow grandparents to see their grandchildren, grandparents can sue for the right to see the kids.
What happens when you’re not allowed to see your grandchildren?
When you prevent from seeing your grandchildren, the burden of proving the same falls on you as the grandparent. What does this mean? It means that the onus of collecting evidence proving that you are not allowed to see your grandchildren falls on you. The court of law will weigh up both the child’s greatest welfares and the rights of the father. Mother to control their children’s nurture. Except for the parents’ agreement to give up custody. The grandparents should demonstrate that the guardians are unfit for the child’s custody.
Court-ordered time is granted only when a judge feels that a child may suffer psychologically
Physiological harm when they not allow to see the grandparents. Some of the cases in which judges rule in favor of grandparents include:
- Death of a parent (if you prove that the child needs an additional adult in his/her life to ensure his/her well-being, then you will grant visitation rights)
- A close grandparent-grandchild relationship (when children are not too close to their grandparents. It surmise that the inability to see them won’t impact their life)
- A major life change that has occurred during or because of the divorce
- Expert testimony that states that the child’s psyche will harme if they don’t get to see the grandparent
- the interval which has passed since the youngster last had interaction with the grandparent;
- the good faith of the grandparent in documenting the application;
- no history of physical, emotional, or sexual abuse of grandparent
Additionally, grandparents also have to provide evidence regarding:
- Their relationship with the grandchild
- Their relationship with the child’s parents
- The amount of time they haven’t seen the child for
- Their relationship with the parents of the child
- Reasons for asking for visitation rights
- Sexual or physical abuse at the hands of the parents
- The impact of separate from the grandparents on the child’s psyche
- Any other factors that help your case
What are the reasons for denial in grandparent visitation?
At first, a grandparent should display genuine physical or mental harm to the youngster assuming visitation is denied. The damage should be specific and recognizable harm to the youngster, in addition to an overall claim of harm.
Provided that that damage demonstrate will the parent be on the right track to raise their youngster as they see fit survive. Really at that time will the court conclude the visitation issue, in view of the kid’s wellbeing! In such a manner, the legal factors don’t restrict the court’s attentiveness in concluding what is to the greatest advantage of the youngster. The court of law will weigh up both the child’s greatest welfares and the rights of the father and mother to control their children’s nurture. Except for the parents’ agreement to give up custody,
Just those grandparents who have had an immediate
ঞndividual relationship with the youngster should make an application to the court. Accordingly, a grandma who sporadically kept an eye on a youngster will neglect to set up the necessary harm to the kid in the event that appearance is denied. However, if the grandparents are innocent in any case and still the parent tries to deny the grandparent the right to visit with a grandchild. The grandparent has the right to make an application. The court for an order to compel visitation.
Grandparent visitation rights are real and valid! Get in touch with a family law attorney New Jersey to know more.
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