Grandparents’ Rights Attorneys in New Jersey Family Court

Grandparents play a vital role in the emotional and developmental lives of children — but when family conflict, divorce, or estrangement gets in the way, that relationship can be abruptly and painfully severed. In New Jersey, grandparents may have the legal right to seek visitation or custody — but the law sets a high bar.

At Ratliff Jackson LLP, we represent grandparents in visitation and custody disputes across New Jersey. Whether you’ve been denied access after a divorce, death, or falling-out with a parent, we pursue legal remedies under N.J.S.A. 9:2-7.1 and related statutes. These cases are personal — and we handle them with both legal precision and strategic care.

What Are Grandparents’ Rights Under New Jersey Law?

New Jersey courts recognize that a child’s best interests may, in some cases, support ongoing contact with a grandparent. However, unlike parents, grandparents do not have automatic visitation rights. Instead, they must petition the court and meet specific legal requirements.

Under N.J.S.A. 9:2-7.1, a grandparent can request visitation if:

• The child’s parent is deceased, divorced, separated, or
• There has been a significant disruption in the parent-child relationship
• Visitation is in the child’s best interests, and
• Denial of contact would harm the child — not just cause sadness or disappointment

That last part — proving actual harm — is the toughest hurdle. Courts will not grant visitation merely because it would be “nice” or “fair.” You must show that the relationship is essential to the child’s well-being.

Legal Options for Grandparents in NJ Family Law

Our firm helps grandparents pursue:

Visitation Rights

When a parent denies access, especially after divorce or death, we file a petition under N.J.S.A. 9:2-7.1 and present evidence of emotional harm, prior involvement, and the child’s reliance on the grandparent.

Custody or Guardianship

In cases of parental unfitness, abuse, neglect, incarceration, or substance abuse, we seek legal custody or Kinship Legal Guardianship (KLG), supported by expert evaluations and testimony.

Intervention in Ongoing Custody or DCPP Cases

If the Division of Child Protection and Permanency (DCPP) is involved, we represent grandparents seeking placement or legal standing as relatives under the New Jersey Kinship Legal Guardianship Act.

How Courts Decide Grandparent Visitation or Custody Cases

Courts weigh several factors, including:

• The prior relationship between the child and grandparent
• The reasons the parent objects to visitation
• The child’s best interests and psychological needs
• Any history of abuse, conflict, or alienation
• The stability and suitability of the grandparent’s home (for custody cases)

Judges take parental rights seriously. We must build a compelling, evidence-backed case showing that contact with you is not just preferred — it’s essential to the child’s welfare.

Frequently Asked Questions: Grandparents’ Rights in NJ

Can I get visitation if my child (the parent) is alive but won’t let me see the grandchild?

Possibly. You must file a petition and prove that denying contact is harming the child, not just upsetting you. This typically requires a showing of prior involvement, emotional dependence, or a destabilizing loss.

Can I get custody of my grandchild?

Yes — if both parents are unfit, deceased, or unable to care for the child, the court may award legal custody or guardianship to a grandparent. We file for Kinship Legal Guardianship in qualifying cases.

What if DCPP removed the child from the parents?

You may have a right to be considered for placement. We represent grandparents in DCPP proceedings to assert relative caregiver priority and challenge non-relative placements.

Does the child’s preference matter?

Yes, depending on the child’s age and maturity. Courts may consider the child’s wishes in both visitation and custody matters.

How long do these cases take?

Timelines vary. Visitation cases may be resolved in months. Custody or DCPP-involved matters may take longer. Early legal action improves outcomes and preserves your rights.

We Help Grandparents Stay Involved — When It Matters Most

Whether you’re being unfairly cut off or stepping in to protect a child in crisis, we know what’s at stake — and we know how to win. At Ratliff Jackson LLP, we fight for grandparents who are ready to take legal action when family relationships break down and a child’s stability is at risk.

Call 856-209-3111 or contact us online for a confidential consultation. We’ll review your situation and create a legal strategy focused on restoring — or preserving — your role in your grandchild’s life.