
Can I Keep My Inheritance in a Divorce?
Grandparents can be an integral part of a child’s development as they grow. Having biological grandparents contribute to a child’s life can be all the more important when a child does not live with their biological parents, typically due to a divorce or separation. In New Jersey, grandparents have the option to seek visitation rights when their grandchild does not live with immediate family, and sometimes in other more complicated circumstances. If you’re facing any grandparents’ rights issue, such as refusal of visitation, contact our Somerset County family lawyers today.
Visitation rights are more commonly known as time that is spent between a child and their non-custodial parent. However, other circumstances might arise, lending to a case for visitation rights that extend beyond parents. All fifty states have some sort of grandparents’ visitation statute. In New Jersey, the laws sometimes also extend beyond when parents are not the guardians of their children. Our knowledgeable Somerset County family lawyers can help you navigate these complexities and ensure your rights as grandparents are protected.
Non-parents, such as a grandparent or sibling, can ask the court for visitation rights with a child, even if a parent has physical custody of the child and opposes the visitation. New Jersey enacted these laws to attempt to bridge the gap between a parent’s right to raise their child as they see fit and what is in a child’s best interest.
When a parent opposes the visitation, it is imperative for the person seeking visitation to consult a Somerset child custody lawyer as soon as possible, as it is the responsibility of the person requesting access to prove that their visitation would be in the best interest of the child. Generally, eight factors weigh heavily when a court is deciding on whether grandparents or siblings should be allowed visitation:
When someone needs to involve the court in decisions regarding when a child spends time with adults in his or her life, emotions are typically running high before any legal involvement has occurred. In some cases, visitation can be handled through mediation rather than in front of a court. When this happens, things can be kept civil and the child will likely feel less burdened or stressed by the situation at hand.
However, this may not be a viable option. No matter how the court proceedings or mediation goes, it is important to keep the child’s interests in mind. Weigh how important your involvement in your grandchild’s life is versus the potential stress or mistrust that can develop due to legal action.
Finding the right Somerset grandparents’ rights lawyer can help. A competent and compassionate lawyer will keep in mind that there is a child involved and will try to maintain the peace while uncomfortable situations are settled either through a court order or mediation.
When it comes to visitation rights, the child is the most important person involved. The team of Somerset grandparents’ rights lawyers at the Law Offices of Kisha M. Hebbon understands the emotions involved in any legal case that involves children. We find the best solutions for each family to ensure the proper involvement of all parties. If you have further questions or wish to speak with our firm about your case, simply contact us today.