New Jersey Family Law Attorney

About Grandparents Rights

All 50 states have statutes on the books that outline the rights of grandparents on matters of child visitation. These same laws can actually also be used to the benefit of siblings or other parties who can petition the court for the right to spend time with a child. At the base of these laws is the desire for balance between a parent's right to raise a child as they see fit and the general belief that a child needs the love and care of his/her grandparents and others. It sometimes proves quite difficult for a court to uphold grandparents' rights since there exists such strong constitutional protection of the fundamental rights of families. If you are seeking help with a grandparents' rights matter, a New Jersey family lawyer can be of immense help.

Historically, grandparents' rights have been very limited and subject to strict determination of such contact by parents. Within the last few decades, states have enacted legislation to protect these rights under the state's authority as parens patriae - that is, in the authority of protecting the best interests of children. While some states require that there be a disruption of some sort to the "intact family" in order for a grandparent to petition for rights, in New Jersey there is no such requirement. A grandparent or other party can petition for visitation if it is in the best interest of the child. Although constitutional challenges have abounded for the last few years as to this law's potential infringement upon parental rights, New Jersey's statutes remain unaffected by rulings in other states at this time.

Divorce Lawyer in New Jersey

The area of grandparents' rights is constantly changing and evolving, and we at the Law Offices of Steven P. Monaghan remain active and well-informed within all areas of family law. Our dedication, experience and success speak volumes about what our firm can do for you. Why trust your sensitive and important needs to an inadequate lawyer?

For more information on the pursuance of grandparents' rights, contact a New Jersey family law attorney at your earliest convenience.