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.

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.