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Generally, parents have a fundamental right to make decisions regarding the care, custody and control of their children. This includes whether or not to involve the children's grandparents in their lives.
However, N.J.S.A. 9:2-7.1 provides grandparents with the right to seek visitation with their grandchildren, even if denied by the parent(s). However, these cases are undoubtedly challenging. The grandparents must first prove, by a preponderance of the evidence, that the grandparents' time with the children is necessary to avoid harm to the child. The court, in making that determination, is required to consider the following eight (8) factors:
For more information on how the laws and procedures regarding grandparents' rights in New Jersey would apply to your family, please call us at 973-993-9960 or click here to schedule a consultation.