Being cut off from your grandchild is devastating
For many grandparents, the most painful part of a family breakup is not the divorce.
It is losing access to the child they love.
One day you are part of your grandchild’s daily life.
Then the calls stop.
The visits end.
The holidays disappear.
And you are left asking one terrifying question:
Do I have any rights at all?
In New Jersey, the answer is often yes.
New Jersey law recognizes that grandparents matter
New Jersey law allows grandparents to apply to the court for visitation with their grandchildren.
The statute states:
A grandparent of any child residing in this State may apply to the Superior Court for an order of visitation.
But the burden is on the grandparent to prove that visitation is in the best interests of the child.
That is where these cases are won or lost.
What judges actually look at
When deciding a grandparent visitation case, a New Jersey judge must consider:
• The relationship between you and your grandchild
• Your relationship with each parent
• How long it has been since you last had contact
• The impact visitation may have on the parents
• Existing custody and parenting-time arrangements
• Whether you are acting in good faith
• Any history of abuse or neglect
The court may also consider any other factor relevant to the child’s best interests.
If you once served as a full-time caretaker, the law gives that special weight.
Your history matters. Your bond matters.
You should not assume that you have no rights.
And you should never assume the court is automatically against you.
Every case turns on its own facts, the evidence, the parents, and the judge.
What can be controlled is how the case is prepared, how the story is told, and how the truth about your significant relationship with your grandchild is explained to the court.
These cases are emotional.
They are fact-sensitive.
And they are often fiercely contested.
So I cannot promise you that your side will prevail. No lawyer can ever guarantee results.
Handled properly, and with the right set of facts, of course, grandparents can obtain visitation and sometimes even custody.
I have spent 37 years handling NJ custody battles
For 37 years,
I have handled custody and high-conflict family cases across New Jersey.
I understand the legal burden.
I understand the emotional toll.
And I understand how these cases must be built from the ground up.
If you are being shut out of your grandchild’s life, I get it.
And I am here to help.
The next step
If you would like to meet personally with me via Zoom conference so that I can help you understand:
• Whether New Jersey law may support your situation
• What facts matter most in your case
• And what your realistic options may be
please contact my personal assistant, Valerie, at (732) 845-9010 to set up a confidential discussion.
Best regards,
Steve
Steven J. Kaplan, Esq.
Specializing In Custody & Divorce
Throughout New Jersey
5 Professional Circle
Colts Neck, NJ 07722
(732) 845-9010
www.KaplanDivorce.com
