Grandparent Visitation And Third-Party Custody Issues

Sometimes children are better off being cared for by someone other than their parents. In New Jersey, when one or both parents are not able to provide children with the care they need, a third party such as a grandparent may pursue visitation and/or child custody.

The attorneys at Deitch & Perone, P.C., know what it takes to obtain custody for a third party. We have spent our careers representing families in Monmouth County and the surrounding areas navigate complex child custody issues.

Options For Grandparents Who Have Been Denied Visitation

Grandparents who are denied visitation with their grandchildren have the right to appeal to the court. Under the current leading New Jersey case of Moriarty vs. Bradt, the grandparents have the burden of proving that visitation is necessary to avoid harm to the child.

If a grandparent has ever been a full-time caregiver for the child, he or she will have a good case for visitation. The judge will consider the following factors:

  • The relationship between the child and the applicant.
  • The relationship between each of the child's parents or the person with whom the child is residing and the applicant.
  • The time which has elapsed since the child last had contact with the applicant.
  • The effect that such visitation will have on the relationship between the child and the child's parent or the person with whom the child is residing.
  • If the parents are divorced or separated, the time-sharing arrangement which exists between the parents with regard to the child.
  • The good faith of the applicant in filing the application.
  • Any history of physical, emotional or sexual abuse or neglect by the applicant.
  • Any other factor relevant to the best interests of the child.

Our attorneys at Deitch & Perone, P.C., have litigated many grandparent visitation rights cases with great success.

Third-Party Custody Rights In New Jersey

Grandparents are not the only ones who are entitled to pursue custody under New Jersey law. New Jersey custody laws enable anyone who has an interest in the well-being of a child to file for custody. Often, an interested third party may be a relative such as an aunt, uncle or other family relation, but this does not need to be the case.

Third parties stand the best chance of obtaining custody if the minor child has been living with them for a period of time and there can be a reasonable showing why the child should not be placed with either parent.

If you are a grandparent or other third party interested in pursuing custody of a child in New Jersey, contact Deitch & Perone, P.C. Our lawyers can help you to properly prepare for a petition to obtain custody. Call our law offices today at 732-440-9887 or 908-264-2067. You can also reach us online.