Find out about grandparents rights in New Jersey. Can a grandparent get custody of their grandchild or children? Do they have rights to visitation time with their grandkids? Find out in this presentation on Grandparents Rights in New Jersey.

1. Bedminster • Cranford • Freehold • Hackensack •
Mount Laurel • Parsippany
GRANDPARENTS, CUSTODY AND VISITATION
C A N G R A N D PA R E N T S I N N E W J E R S E Y H AV E C U S T O D Y O R V I S I TAT I O N
W I T H T H E I R G R A N D K I D S ?

2. GRANDPARENTS, CUSTODY & VISITATION
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DISCLAIMER
This presentation contains general
information and does not constitute legal
advice.
Be sure to direct specific questions about
your own situation to an attorney.

3. • Grandparents and
Custody
• Grandparents and
Visitation
• Questions & Additional
Help
WHAT’S COVERED?
GRANDPARENTS, CUSTODY & VISITATION

4. Can Grandparents
Get Custody of
Their
Grandchildren?

5. GRANDPARENTS, CUSTODY & VISITATION
What is the standard
for custody?
In New Jersey, when
judges make custody
decisions between
two parents, they
must look at the
best interests of the
child. Factors are in
the law.
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6. GRANDPARENTS, CUSTODY & VISITATION
6
IS THE STANDARD FOR GRANDPARENTS DIFFERENT?
• There is a strong presumption that parents
should raise their children
• Need an extremely compelling reason
• Burden is on grandparents to prove parent is
unfit to care for grandchild

7. GRANDPARENTS, CUSTODY & VISITATION
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SHARING CUSTODY IS AN OPTION
Options for sharing custody with your grandchild’s parent(s):
– Sharing Physical Custody: Child will live with both you and their parent or
parents in a set schedule
– Sharing Legal Custody: You and your grandchild’s parents share joint decision
making on the big issues for your grandchild
– Sit down and negotiate: You may encounter strong resistance from your child if
you attempt to take custody. Try to work out an arrangement that works for the
entire family

8. GRANDPARENTS, CUSTODY & VISITATION
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LEGAL GUARDIANSHIP
WHAT IS LEGAL GUARDIANSHIP?
Guardianship, or kinship legal guardianship may be an option
for you, if your grandchild has been place in foster care.
KLG requires grandparents to take on full care of their
grandchild, including participating in any ongoing legal matters.
KLG is granted only after one year of the child living with their
grandparent.

9. Grandparents and
Visitation in New
Jersey

10. GRANDPARENTS, CUSTODY & VISITATION
Do Grandparents Have
Visitation Rights in New
Jersey?
Grandparents have only limited rights in
New Jersey
Grandparents do have the right to seek
court ordered grandparent time with their
grandchildren provided that they prove
that it is “more likely than not” that the
time is necessary to avoid harm to the
child.
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11. GRANDPARENTS, CUSTODY & VISITATION
2003 Court Created
Procedure
The court in 2003 created a
procedue to be followed in every
grandparent visitation case:
1. First show visits are necessary to avoid
harm
2. If that is shown, parents must offer a
visitation schedule
3. If grandparents reject the schedule, the
court will look to see if it is in the child’s
best interests
4. If visitation is not denied by the parents,
but the grandparents seek a different
schedule, they have to show their
schedule avoids harm
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12. GRANDPARENTS, CUSTODY & VISITATION
What if a grandparent
was a full-time
caregiver?
It is not always easy to prove that
harm will come to the child if the
granparent is not permitted
visitation. It is easier, however to
prove this if the grandparent was,
at any time, a full-time caregiver
of the child.
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13. GRANDPARENTS, CUSTODY & VISITATION
Mediation and
Negotiation
Always try to sit down with
your child and attempt to
work out your own visitation
agreements before going to
court.
Working it out will save you
time, money and stress.
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14. GRANDPARENTS, CUSTODY & VISITATION
Consult an attorney….
If you are unsure about how
to prepare your application
for grandparent time or if
you and your child’s other
parent cannot come to an
agreement, talk with an
experienced family law
attorney who can guide you.
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15. Bedminster • Cranford • Freehold • Hackensack •
Mount Laurel • Parsippany
WeinbergerLawGroup.com
(888) 888-0919
S C H E D UL E A F R E E CO NF ID E NT IA L CO NS ULTAT IO N
CO N TAC T U S

16. Bedminster • Cranford • Freehold • Hackensack •
Mount Laurel • Parsippany
GRANDPARENTS, CUSTODY AND VISITATION
C A N G R A N D PA R E N T S I N N E W J E R S E Y H AV E C U S T O D Y O R V I S I TAT I O N
W I T H T H E I R G R A N D K I D S ?