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New Jersey Grandparent Visitation Rights
What is the law regarding grandparent visitation in New Jersey?
New Jersey‚ Grandparent's Visitation State, N.J.S.A. 9:27.1 allows a grandparent residing in New Jersey to make an application for visitation. The grandparent must prove that visitation is in the best interest of the child. In making this determination, the court must consider eight factors, including:
The starting point for any grandparent visitation case is whether it will serve the best interests of the child. Courts carefully consider the length of the relationship and the frequency of actual contact as primary evidence that the relationship should be preserved. Finally, the court will look at the totality of the circumstances‚ when it rules on any grandparent visitation application.
How can I enforce my rights to have visitations with my grandchildren?
A grandparent has to file an application with the county court house and request visitation with their grandchildren. The complaint will then be served on the parent(s). Thereafter, the court will set the case down for a case management conference. At this court hearing, the judge will make a sincere attempt to try to mediate a settlement. The judge may also refer the case to mediation. Mediation is the hot new trend in grandparent visitation cases. Mediation is an excellent way to resolve bitter grandparent visitation disputes. The court may also set the case down for a plenary hearing. At the hearing, both parties will be permitted to present evidence that either supports grandparent visitations, or submit evidence that proves that grandparent visitation would not be in the child's best interest.
If the case is sent to mediation, then the case will be heard in approximately 30 to 60 days. The mediator is usually a member of the Probation Department. Lawyers usually are not permitted to attend the mediation session. If the mediation is not successful, then the case will be sent back to the family court for a disposition.
What are the arguments for grandparent's rights?
What are the arguments against grandparent's rights?
New Jersey has five types of spousal support. Rehabilitative alimony is a short-term monetary award that allows a spouse to go back to school or obtain training to re-enter the workforce. Limited duration alimony is awarded in cases of a short marriage when rehabilitative alimony doesn't apply. Reimbursement alimony is awarded when one spouse makes a personal sacrifice so that the other spouse could receive professional or career training. Alimony pendente lite is awarded when a divorce is pending so that both parties can maintain their current standard of living until a final judgment is made. Finally, there is permanent alimony which is usually appropriate in long term marriages and typically terminates upon the death of either party or remarriage.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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