Grandparents And Visitation
N.J.S.A. 9:2-7.1 — the grandparent proves best interests, by the factors the section lists
In New Jersey, a grandparent or sibling of a child living in the state may apply to the Superior Court for visitation, and bears the burden of proving by a preponderance of the evidence that visitation is in the child's best interests.
The court considers:
- The relationship between the child and the applicant, and between the applicant and the parents or the person the child lives with.
- The time since the child last had contact with the applicant.
- The effect of visitation on the child's relationship with the parents or the person the child lives with.
- Where the parents are divorced or separated, the time sharing between them.
- The applicant's good faith, and any history of abuse or neglect by the applicant.
- Any other factor relevant to the child's best interests.
A former full time caretaker. If the applicant was at some time a full time caretaker for the child, that is prima facie evidence that visitation is in the child's best interest.
How courts weigh a parent's objection is case law, and is not reproduced here. Whether an application should be made is a question for a licensed New Jersey attorney.
Sources for this section (1)
- N.J.S.A. 9:2-7.1 — Visitation rights for grandparents, siblings
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.