1. Home
2. Legal Guide for Senior Citizens
3. Grandparent’s Rights

Grandparent’s Rights

1. What is a summary of grandparent’s rights in the state of New Jersey?

The relationship between a grandparent and a minor grandchild can be adversely affected under the following circumstances:

1. The death of the grandparent’s child where custody of the grandchild is with the surviving parent (the daughter-in-law or son-in-law, as the case may be);
2. The divorce or separation of the parents of the grandchild;
3. The death of both parents of the grandchild; or
4. Neglect in care by the parents or parental unfitness.

In 1993, N.J.S.A. 9:2-7.1 was enacted. Under this law, a grandparent of a child residing in New Jersey may make application in superior court for an order of visitation.

The court will consider the following factors:

1. The relationship between the child and the grandparent;
2. The relationship between each of the child’s parents, or the persons with whom the child is residing and the grandparent;
3. The time that has elapsed since the child last had contact with the grandparent;
4. The effect that such visitation will have on the relationship between the child and the child’s parents or the person with whom the child is residing;
5. If the parents are divorced or separated, the timesharing arrangement that exists between the parents with regard to the child;
6. The good faith of the grandparent in filing the application;
7. Any history of physical, emotional or sexual abuse or neglect by the grandparent; and
8. Any other factor relative to the best interest of the child.

In June 2000, the U.S. Supreme Court restricted the ability of grandparents to gain visitation rights to a grandchild. The above New Jersey law is still valid. Nonetheless, the above law must be interpreted in conjunction with recent federal and state case law.