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Grandparent Issues: New Jersey
(Provided by: Divorce Source, Inc. Staff)
Grandparent Rights to Visitation:
Visitation may be granted if is in the best interest of the child, considering:
  1. the relationship between the child and the grandparent;
  2. the relationship between the parent and the grandparent;
  3. the time elapsed since the last contact between the child and the grandparent;
  4. the effect visitation win have on the relationship between the child and the custodial parent;
  5. if the parents are divorced, the time sharing arrangement between the parents regarding the child;
  6. the good faith of the grandparent in filing for visitation;
  7. any history of physical, emotional, or sexual abuse or, neglect by the grandparent; and
  8. any other relevant factor.
Title 9, Chapter 2, Section 9:2-7.1 (N.J.S.A. §9:2-7. 1).

When Adoption Occurs:
All rights terminate unless the adoption is by a stepparent.
Child Custody Statutes:
Best interest of the child, considering the following factors:
  1. parents' ability to agree, communicate and cooperate in matters relating to the child;
  2. parents' willingness to accept custody and facilitate visitation;
  3. interaction and interrelationship between the child and parents and siblings;
  4. any history of domestic violence;
  5. preference of child, if of suitable age;
  6. needs of child;
  7. stability of home environment offered;
  8. quality and continuity of education;
  9. fitness of parents;
  10. geographical proximity of the parties' homes;
  11. extent and quality of time with the child before and after separation;
  12. employment responsibilities; and
  13. age and number of children. Judge must follow the parties agreement, unless he determines it is not in the child's best interest. Where parties don't agree, judge may require each party to submit a proposed custody plan.
N.J.S.A. §2A:34-23 & §9:2-1 et seq.

Parents May Choose:
Yes
Go to: Grandparent Issues Informational Section


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