Skip to Content
Grandparents' Rights Doing What It Takes To Protect Your Rights

Bergen County Grandparents’ Rights Lawyers

Expert Legal Assistance for Grandparents Seeking Visitation and Custody Rights in New Jersey 

Navigating family law can be particularly complex, especially when it comes to grandparents’ rights. At Herbert & Weiss, LLP, our experienced legal team is dedicated to helping grandparents understand and assert their rights within the framework of New Jersey law. Whether you seek visitation or custody of your grandchildren, understanding your legal position and the intricacies of the law is crucial.

Call Herbert & Weiss, LLP today at (201) 500-2151 or contact us online to schedule a meeting with our grandparents’ rights attorney in Bergen County!

NJ Grandparent’s Rights Law

New Jersey has specific statutes addressing grandparents’ rights, primarily on visitation. Under N.J.S.A. 9:2-7.1, grandparents may seek visitation with their grandchildren if they can demonstrate that such visitation is in the child's best interest. This law recognizes the valuable role that grandparents play in the lives of their grandchildren and provides a legal pathway for maintaining these important family relationships.

The legal process requires grandparents to present a compelling case to the court. Unlike parents, grandparents do not have an automatic right to visitation. The court evaluates several factors to determine whether granting visitation is appropriate, including the relationship history between the grandparent and grandchild, the effect of visitation on the child, and any history of abuse or neglect.

When Will Grandparent Visitation Be Awarded in NJ?

Securing visitation rights as a grandparent involves proving to the court that such visitation is essential for the child’s well-being. Courts in New Jersey consider the following key factors when determining whether to award visitation:

  • The grandparent and grandchild’s relationship: If a grandparent and grandchild have an established close and loving relationship, the court will see this as a factor in favor of granting visitation time. Grandparents who cannot show that they have long been a part of their grandchild’s life and have not attempted to change that fact will be less likely to convince a court that the parents should be compelled to provide visitation time now.
  • The relationship between the grandparent and parents or guardians of the child: The court may decide that it would not be in the child’s best interests to award visitation time if doing so would expose the child to serious conflict between the grandparent and parent.
  • The elapsed time since the grandparent last had contact with the child: If years have passed since the grandparent last contacted the child, the court may find that awarding visitation time would be too disruptive.
  • The effect of visitation on the child’s relationship with their parents or guardians: If the relationship between the child’s grandparents and their parents (either the child or in-law of the grandparent) is riddled with conflict, ordering visitation between the grandchild and child could have negative consequences for the child.
  • The effects of grandparent visitation on a parent’s visitation time with their child if the parents are divorced: Parenting time will be given priority over grandparenting time. Courts are unlikely to order visitation time with a grandparent if that visitation would cut into a parent’s time with their child to an unreasonable degree.
  • The grandparent’s good faith in filling out the application for visitation time: Courts will look for signs that an application was made merely to inconvenience or prolong conflict with the parent rather than out of a genuine desire to sustain the relationship between grandparents and grandchild.
  • Any history of abuse or neglect by the grandparent and
  • Other relevant factors.  

Grandparents’ Rights vs. Parents’ Rights

In New Jersey, parents' rights are constitutionally protected and often take precedence in legal disputes. The presumption is that fit parents act in their children's best interests. Therefore, grandparents face a significant challenge when seeking visitation or custody, particularly if it contradicts the parents' wishes.

However, the law also acknowledges scenarios where grandparents’ intervention is crucial. For example, if the parents are deemed unfit due to issues like substance abuse, mental illness, or a history of neglect, grandparents may seek custody. Additionally, in cases where the child has been living with the grandparents for an extended period, the court might recognize the stability provided by the grandparents and grant custody or extensive visitation rights accordingly.

Navigating these complex legal waters requires a nuanced understanding of state laws and family dynamics. Our attorneys at Herbert & Weiss, LLP, are skilled at balancing these factors to advocate effectively for grandparents’ rights.

Contact Our Bergen County Grandparents’ Rights Attorney Today

Understanding and asserting grandparents’ rights in New Jersey requires a detailed knowledge of family law and a compassionate approach to family dynamics. Herbert & Weiss, LLP, is committed to guiding grandparents through this challenging process, ensuring that the grandchildren's best interests are always the top priority. If you are a grandparent in Bergen County seeking visitation or custody, our dedicated team is here to provide the legal support and advocacy you need.  

Check out related content on our blog: How Do I Get Temporary Custody of My Grandchildren in New Jersey?

Contact Herbert & Weiss, LLP today to meet with our grandparents’ rights lawyer in Bergen County!

Client Testimonials

Fighting for the Best Interests of You & Your Loved Ones
    "Thank you, Helene and office staff, for your excellent work"
    I recently had the pleasure of working with Helene Herbert, a highly skilled and knowledgeable lawyer. She was instrumental in drafting a prenuptial agreement for me prior to my marriage. Throughout the entire process, Mrs. Herbert, displayed a high level
    - Anonymous
    "Thank you for your tireless support of me, through drying of tears, feeding my body and soul with your words and giving of your time."
    In times where all hope was lost and fear was all-encompassing, you have unconditionally paved the way with an angelic light, open heart and indomitable courage!! You are eternally in my heart and revered by me in so many ways!!
    - L.Z.
    "Competent and Intelligent Women"
    Thank you all for investing in me and explaining the process going forward. It is very comforting to know that my interests are in the hands of competent and intelligent women.
    - L.G.
    "Great Advice and Expertise"
    Thank you so, so much for all of your help this year. I am so grateful for all of your great advice and expertise!
    - E.V.
    "Knowledge and Fortitude"
    After having hired two other firms to represent me in my highly contentious divorce, I felt dejected and financially drained without an end in sight. Out of desperation to protect my children, I sought out another firm to represent me and was referred to H
    - K.M.
    "Understanding and Supportive"
    Helayne Weiss represented me in my divorce proceedings, and throughout, both her legal advice and personal relationship with me was nothing short of outstanding. My goal was that of a speedy resolution to the divorce and Helayne made it happen.
    - E.K.
    "Professional and Knows What Is In Your Best Interest"
    I met Helayne Weiss and Helene Herbert when I was at the lowest part of my life and figured there was no one who could help me with my legal issues pertaining to my divorce.
    - P.P.
    "Smart, Caring, Supportive, and Professional"
    Thank you for being the smartest, caring, supportive, professional lawyer EVER!!
    - M.K.

The First Steps Start With You

Schedule Your Confidential Consultation

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
  • Results-Focused & Honest
    We provide realistic expectations about the process and path to attaining your goals. We will work together with you as a team.
  • Experienced Litigators
    We do not shy away from court and know how to command a courtroom. We will work together with you to create a strategy that aligns with your goals.
  • Assertive & Aggressive
    Our goal is to deliver a resolution and provide results. Whether it's obtaining a settlement or court litigation, we are ready to do what is necessary.
  • Dedicated & Caring
    No matter how complex your case, our main priority is to make sure you're fully informed throughout the process. We are here to support you.