Arons & Solomon Divorce Lawyers | March 9, 2026 | Child Custody In Bergen County, NJ
Many grandparents play an essential role in the lives of their grandchildren. However, when family circumstances change due to divorce, that relationship can be disrupted. In some cases, grandparents may even be cut off from seeing their grandchildren entirely.
New Jersey law does recognize that grandparents may have a right to seek custody or visitation under certain conditions. That said, the legal process can be difficult to navigate without proper guidance. Learn more below, and reach out to a family law attorney if you need help.
Grandparent Visitation Rights Under New Jersey Law
New Jersey’s grandparent visitation statute is found in N.J.S.A. 9:2-7.1. Under this law, grandparents can petition the court for visitation with their grandchildren. However, the court will not automatically grant it. You must first demonstrate that visitation is in the best interests of the child.
This standard was shaped significantly by the U.S. Supreme Court’s decision in Troxel v. Granville (2000), which held that parents have a fundamental right to make decisions about who spends time with their children. As a result, New Jersey courts give considerable weight to the parents’ wishes when deciding grandparent visitation cases.
To overcome this presumption, the grandparent must generally show that:
- They have an existing, meaningful relationship with the grandchild
- Denying visitation would cause harm to the child
- Granting visitation is in the child’s best interests based on the specific facts of the case
The court may also consider factors such as the age of the child, the relationship between the grandparent and the child’s parents, and more.
Can Grandparents Get Custody in New Jersey?
While visitation is the more common legal avenue, there are also situations where a grandparent may seek custody of a grandchild. New Jersey courts generally prefer to keep children with their parents whenever possible, so obtaining custody as a grandparent requires a higher legal standard.
Based on the “best interests of the child” standard, a grandparent seeking custody typically needs to show that living with the parent would be harmful to the child’s welfare.
Some of the circumstances that could support a grandparent’s custody petition include:
- The parents are unable or unwilling to provide adequate care
- There is evidence of abuse or neglect in the child’s home
- The parents are incarcerated or dealing with substance abuse issues
- The child has been living with the grandparent for an extended period and has established stability there
The court will weigh all of these factors carefully before making a decision. Keep in mind that custody cases involving grandparents can be emotionally charged and legally complex, so having an experienced attorney on your side is important.
How to File for Visitation or Custody in Bergen County
If you’re a grandparent in Bergen County who wants to pursue visitation or custody, the process begins by filing a petition with the Bergen County Family Court. From there, the court will review your petition and may schedule hearings to evaluate the merits of your case.
There are a few practical steps to keep in mind as you prepare:
- Gather any evidence that supports the strength of your relationship with your grandchild
- Document any concerns you have about the child’s current living situation
- Keep a record of any attempts you’ve made to maintain contact that have been blocked by the parents
- Consult with a family law attorney before filing to make sure your petition is as strong as possible
A knowledgeable lawyer can help you understand what the court will be looking for and guide you through the process from start to finish.
Contact the Bergen County Child Custody Attorneys at Arons & Solomon Divorce Lawyers for Help Today
Grandparents in Bergen County do have legal options when it comes to maintaining a relationship with their grandchildren. However, the law places a strong emphasis on parental rights, which means these cases require careful legal strategy.
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