Arons & Solomon Divorce Lawyers | October 9, 2025 | New Jersey Law
Grandparents in New Jersey have the legal right to seek visitation with their grandchildren. In some circumstances, grandparents may seek custody of their grandchildren. Obtaining custody or visitation rights requires navigating specific statutes and court considerations that prioritize the child’s best interests and parental rights.
Understanding New Jersey child custody laws for grandparents can help grandparents do what is in their grandchildren’s best interests.
Legal Basis for Grandparents’ Visitation Rights in New Jersey
New Jersey custody laws (N.J.S.A. 9:2-7.1) allow grandparents or siblings of a child residing in New Jersey to file an application with the Superior Court for an order granting visitation rights. The statute places the burden of proof on the grandparent to demonstrate that visitation is in the child’s best interests.
The court considers multiple factors before granting visitation, including:
- The relationship between the grandparent and the child;
- The relationship between the child’s parents and the grandparents;
- The length of time since the child last had contact with their grandparents;
- The effect that visitation will have on the relationship between the child and their parents;
- The time-sharing arrangement if the parents are divorced or separated;
- The good faith of the grandparents in petitioning the court for visitation;
- A history of sexual, emotional, or physical abuse or neglect by the grandparent; and,
- Any factor relevant to the child’s best interest.
A factor in favor of the grandparent is if the grandparent has been a full-time caretaker for the child in the past. The court considers this factor to be sufficient evidence to support a claim that visitation is in the best interest of the child.
New Jersey courts balance the rights of grandparents with the constitutional rights of parents to raise their children.
Child Custody Rights for Grandparents in New Jersey
Grandparents seeking custody face a higher legal threshold than visitation requests. Generally, New Jersey courts respect the rights and decisions of the parents, and interference in custody matters occurs primarily when a child’s welfare is at risk. To obtain custody, grandparents must prove that the child would suffer harm or detriment without a custody change.
The court may order custody for a grandparent if the grandparent can prove:
- The parent is unable, unwilling, or unfit to care for the child;
- The child will suffer harm if custody is not granted;
- The grandparent has a relationship with the child; and,
- Giving custody to the grandparent is in the child’s best interest.
Suppose a parent is deceased and the other parent is in jail. In that case, the court may grant custody to a grandparent. Other situations that could warrant grandparent custody include the parent has substance abuse problems, the child is abused or neglected, and the parent has willingly given up care of the child.
Petitioning the Court for Grandparent Custody or Visitation
To begin, a grandparent must file a petition with the court and serve it on the parents. The parents then have a deadline to respond. If the child is in immediate danger, the court can hold an emergency hearing and grant temporary custody.
Sometimes, parents and grandparents resolve the matter through mediation. If they reach an agreement, the judge must approve it and confirm that it is in the child’s best interests.
If no agreement is reached, the court schedules a hearing. Grandparents must show that custody or visitation is best for the child by providing evidence such as:
- Medical records of abuse or neglect
- Testimony from doctors, counselors, or teachers
- Reports from child protective services
- Police records of violence or criminal activity
- Documentation of unsafe conditions
- Testimony from neighbors or other witnesses
- Results of mental health evaluations
Finally, grandparents must prove they are capable of providing a safe, stable, and loving home.
Help for Grandparents Seeking Custody in New Jersey
A growing number of grandparents are seeking visitation or custody due to factors such as parental divorce, death, substance abuse, or child abuse or neglect. Courts weigh these cases very carefully because of the sensitive balance between family relationships and legal rights.
Arons & Solomon Divorce Lawyers help grandparents navigate the procedural requirements and challenges of seeking child custody or visitation by grandparents. Call us to speak with a Bergen County grandparent rights attorney.
Contact the experienced family attorneys at Arons & Solomon Divorce Lawyers today for legal assistance. Visit our law office in Bergen County or give us a call at (201) 487-1199 to schedule a free consultation with our team.
Bergen County Law Office
1 University Plaza Dr #400, Hackensack, NJ 07601, United States