Grandparents’ Rights Attorney in Toms River
Understanding Your Custody & Visitation Rights
Courts focus primarily on the well-being of the child above all else, so it is essential that you enlist the help of a skilled Toms River grandparents’ rights attorney who can help you with this step and throughout the entire process. If you are a grandparent and are being denied visitation with your grandchild, either by your own child or his or her spouse, you may feel like you don’t have any options.
However, the state of New Jersey grants certain rights to grandparents that allow for visitation and even child custody, in certain situations. After filing a visitation application with the court in the county in which the child resides, the burden of proof falls on the grandparent. In other words, you must prove that spending time with you is in the best interests of the child.
Stolfe Zeigler New Jersey Divorce Group is here to help you. Call us today at (732) 585-1651 to schedule your consultation with our team.
What Factors are Considered when Determining Grandparents’ Rights?
When deciding on matters of grandparent visitation and custody, the court looks at various factors before making a judgment. These factors apply whether the parents of the child are together, separated, divorced, or one or both parents have died.
The eight factors the court will consider are:
- Existence of a relationship between the grandparent and grandchild
- The relationship between the child’s parents/guardians and the grandparent
- How much time has elapsed since grandparent’s last contact with child
- Possible effects of visitation on the relationship between the child and parents/guardians
- Child custody/time-sharing agreements between divorced or separated parents
- The good faith of the grandparent in filing the application for visitation
- History of abuse on part of the applicant, including physical, emotional, or sexual abuse/neglect
- Any and all other relevant factors in regards to the child’s well-being and best interests
Rely on Our Compassionate & Understanding Attorneys
By the time a situation has progressed to a level in which the grandparent feels the need to file for court-ordered visitation rights or child custody, it’s very likely that circumstances are quite contentious. In some instances, mediation might be a beneficial process for everyone involved, as it allows for a greater chance at peaceable resolution.
If, however, mediation is not possible, we are fully prepared to advocate for your rights through litigation. When you need a family law attorney in Toms River or throughout Monmouth County, turn to Stolfe Zeigler New Jersey Divorce Group for the compassionate, personalized legal assistance you deserve.
Call us today at (732) 585-1651 to get started with your initial case evaluation.