Before the 1970s, grandparents did not have any rights to request visitation with their grandchildren. Starting in the 1970s, many states began to enact laws that give grandparents the right to seek visitations within certain circumstances. Laws vary from state to state, and in New Jersey, grandparents have rights to visitation as long as it is in the child's best interest.
History
One reason grandparents today have more rights to visitation with their grandchildren is that divorce rates are higher than in previous decades and more children are being raised in single-parent homes. In addition, more grandparents today are active and healthy. There is also an increase in grandparents who are raising their grandchildren. In New Jersey, the most important factor in determining grandparents' visitation rights is whether it is in the best interest of the child.
Right to Petition for Visitation
In general, there are two circumstances that can give grandparents the right to petition for visitation. Some states stipulate that the family must have been disrupted in some way, such as by a divorce or a death. New Jersey does not follow this stipulation. Grandparents can petition for visitation rights in the state of New Jersey only when the child's best interest is involved.
Best Interests of Child
New Jersey courts consider a variety of factors when deciding if visitation is in the best interest of the child. The relationship with the child and the grandparents, the relationship between the parents and the grandparents, and the time that has passed since the child has seen the grandparents are all considered. The court also considers how the child's time will be split if the child has divorced parents who are already sharing time. Any history of abuse is scrutinized, as is how the visitation will affect the relationship of the child with the parents.
Supreme Court Rulings
More recently, the New Jersey Supreme Court has had to hear and decide about the constitutionality of allowing adoptive parents to deny visitation to biological grandparents. The Supreme Court deemed that an adoptive family deserves the right to grow their family without the interference of biological family members. However, this ruling did not cover all of New Jersey, only the borough of Washington in Warren County.
Conclusion
When a grandparent feels that legal means are necessary to see his grandchildren, the relationship between parent and grandparent has probably already become strained. In these situations, it is a good idea to seek the counseling of a mediator to avoid further tension among all involved.
