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Do Grandparents Have Visitation Rights After Divorce?

By Law Office of August J. Landi |July 13, 2023

Grandparents’ Rights During and After Divorce

Sometimes grandparents are deliberately or inadvertently cut out of the decision-making process in divorce and are omitted from the resulting parenting arrangement. Many grandparents struggle to get time with their beloved grandchildren after the parents have divorced, making it a challenge to maintain close relational ties and be involved in their lives.

However, grandparents are not without recourse if one or both parents attempts to block them from spending time with grandchildren. In the state of New Jersey, grandparents have the right to request reasonable visitation and maintain continued access to their grandchildren, even after traumatic life events such as the death of one parent and during or after the divorce.

In the event that parents are uncooperative or unreceptive to grandparents’ attempts to remain involved in a child’s life, grandparents can turn to the courts and request that they be allowed to see their grandchildren. Such cases require grandparents to discuss the following with a judge:

  • The nature of their relationship with their grandchild(ren)

  • Their nature of their relationship with the child’s parent(s)

  • The amount of time that has passed since they have been in contact with the child(ren) in question

  • The potential impacts (positive and negative) on the child(ren) in question if the judge were to grant the requested time

  • The details of the parents’ current visitation agreement

  • The reasons behind your request for visitation

  • Your knowledge of physical, sexual, and/or emotional abuse that has occurred in your family

If a judge determines that visitation by grandparents is in a child’s best interest, they will likely grant it and require the child’s parents to allow it. Grandparents who are met with resistance to visitation and family time should always seek legal representation in order to gain the support of the court as quickly as possible.

Divorce Lawyer Serving Parents & Grandparents Throughout Monmouth County

At the Law Office of August J. Landi, I serve grandparents and parents who are concerned about their rights during and after divorce. With my in-depth understanding of the law and years of experience handling family matters, I may be able to provide you with the trustworthy legal counsel you need to put your mind at ease and help you move forward with confidence. Allow me to come alongside you and protect your rights during this time.

Call my office at (732) 823-0022 or send a message to schedule your free, confidential consultation today.

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