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In New Jersey, Grandparents have standing to make an application to see their grandchild, even if the custodial parent does not want the grandparent to see the child. The burden is on the Grandparents to prove that visitation is in the best interest of the child and that the denial of visitation will be harmful to the child. The Law Office of Peter J. Bronzino, LLC can help you make an application for visitation of your grandchild.

New Jersey Grandparent Visitation Statute

Grandparent visitation rights in New Jersey are established by statute. N.J.S.A. 9:2-7.1 provides grandparents standing to make a visitation application in New Jersey. Under N.J.S.A. 9:-2-7.1, the grandparent must prove that visitation is in the best interest of the child. The statute allows the court to consider 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 which 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 parents or the person with whom the child is residing;
  5. If the parents are divorced or separated, the time sharing arrangement which 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; and
  8. Any other factor relevant to the best interests of the child.

Additionally, pursuant to the holding in Moriarty v. Bradt, 177 N.J. 84 (2003), the Grandparents must first show that denial of visitation is harmful to the child.

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