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You are here: GroupsYour Rights as a Grandparent
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  • Created 25 Nov, 2017

About the Group

Grandparents play a very important role in a child’s growth and development. However, because of unwanted or unavoidable circumstances, grandparents are denied the right to take care of their grandkids or even just visit them. The grandparents rights to provide a healthier and safer environment to the children are questioned at times. In New Jersey, grandparents can be given the opportunity to visit, file for temporary or full custody of their grandchildren, and file for guardianship or adoption as long as they can prove to the court that being with them is of the child’s best interest.

Visitation Rights Even short or limited visits of grandparents to their grandchildren can make a big impact to their comfort and security. However, there are considerations that the court needs to look into:

• Relationship of the grandparent and the child.

• The relationship of the grandparent and the parents of the child or the person or persons taking care of the child.

• The effect of the visit on the relationship of the child to his or her parents or the person or persons taking care of the child.

• The intention, honesty, and fairness of the grandparent in filing the visitation rights application.

• Abusive history of the grandparent if any.

• How long was it from the last time the grandparent had contacted the child.

• The adjustments that needed to be done with the divorced or separated parents who are also sharing custody of the child.

• Other factors that can affect the best interest of the grandchild.

The case would even be stronger if the grandparent was the one raising the grandchild or grandchildren in the past. However, the rights could often be terminated if the child is adopted by someone else other than a stepparent.

Custody Grandparents can file for temporary or full custody of the child or children if either of the parents of the guardians are abusive, addicts or even financially incapable of raising a child. But, the court still needs to consider the following in order to grant the grandparent custody.

• The financial status of the grandparent to be able to support the child’s needs. The medical expense is one of the biggest issues in this matter, especially if the child is no longer covered by the parent’s insurance.

• The emotional health of both the child and the grandparent. Though children need their grandparents for emotional support, they need their parents’ love and care the most. This goes especially for a child who has been through trauma because of abuse or death of parents. Even if there are available counseling services, the court needs to make sure that the grandchild and the grandparent can both give each other emotional support.

• The grandparent’s health and well-being. It is important for a caregiver to be physically and mentally capable to take care of a child, most especially if the child is still at a very young age.

• The environment on which the grandparent would be raising the child. This is a big concern most especially if there are other people in the house aside from the grandparent.

There are great and reliable family lawyers in Ocean county, New Jersey who could help you with your rights. You can click here to know more about them.