Grandparents’ Rights Attorneys
Our law firm helps grandparents in Southern New Jersey in appropriate cases. It is important to understand that the United State Supreme Court Decision in Troxel v. Granville severely limited grandparents’ rights as interpreted under New Jersey cases such as Moriarty v. Bradt and Daniels v. Daniels. There are specific pleading requirements, including the necessity to make a prima facie case of harm to the child before a Court will entertain a grandparent visitation application. Sensitivity and careful fact gathering and pleading is necessary to succeed.
When a family experiences a crisis, like the death of a parent or a divorce, the opportunities that grandparents have to spend time with their grandchildren can be significantly reduced or eliminated entirely. Serving Cherry Hill and surrounding communities, the grandparents’ rights lawyers at Forkin, McShane, Manos & Rotz, P.A. understand the valuable role that a loving grandparent can play in the life of a child and are committed to providing advice as to whether there is a likelihood of success and if so, strongly advocating to protect those grandparent visitation rights.
Factors affecting visitation rights
New Jersey provides grandparents living in the state the right to seek visitation, but visitation rights are never guaranteed and, after the United States Supreme Court’s decisions as interpreted in New Jersey, may be constitutionally restricted. Ultimately, the burden falls upon the grandparent to prove that visitation is necessary to avoid a significant harm to the child in certain narrowly defined cases which require skilled representation.
Serving as the full-time caretaker of your grandchild for a significant length of time is usually sufficient evidence to prove this, but the court also considers the following factors:
The relationship between the grandparent and the grandchild
The relationship between the grandparent and each parent and the grandparent’s efforts to maintain a stable and beneficial relationship with the parent.
Time elapsed since the grandparents’ last contact with the grandchild
How visitation will affect the parent-child relationship
How visitation will affect any pre-existing parent-child visitation schedule
The “good faith” of the grandparent filing the application
History of abuse and/or neglect
Other relevant factors including the child’s desire to see the grandparent
Our Cherry Hill grandparents’ rights lawyers realize that pursuing visitation rights is a complex and time-sensitive process. At Forkin, McShane, Manos & Rotz, P.A., we utilize our considerable experience and resources to act quickly to ensure that your child is not denied a rewarding relationship.
The positive influence of a grandparent
Much current research indicates that a close relationship and frequent interaction with a grandparent can yield numerous positive effects in a child’s life, particularly when a child’s home life is stressful. Grandparents contribute to the following:
A sense of stability and normalcy
Fewer depressive symptoms in adult life
A link to cultural heritage and family history
Social skill building through interactions with trusted adults
Orientation toward community service
Contact our experienced team of grandparents’ rights lawyers
Forkin, McShane, Manos & Rotz, P.A. believes that grandparents matter. If you are a grandparent seeking visitation rights or custody, our Cherry Hill divorce attorneys are here to uphold your rights. To speak to one of our highly respected lawyers, contact us online at jpmcshane@fmmrfamlaw.com or rbrotz@fmmrfamlaw.com or by phone at 856.779.8500.