How does the grandparents rights work?

Asked over 4 years ago - Belleville, NJ

my mother is trying to get grandparents visitation right but I and other family members believe that she is not in the right possition mentally to have such thing. What can I do so the court rules on my behave?

Attorney answers (1)

  1. Ronald Anthony Sarno

    Contributor Level 20

    Answered . If neither parent of the child wants the visitation, then it is very hard for the grandparent to get the right to visit. However this is very fact specific. If the grandmother can demonstrate a long=term relationship with the child, or if the father will allow it, then she might prevail. In matters like this I always recommend using a family lawyer. Another tactic is to have a mental health professional evaluate her and write a report to the court about her effect if any on the child.
    On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:


    Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
    Introduction to Legal terms used in litigation; Limitations on a Lawyer’s License: What a Lawyer Can and Cannot Do……………………………..…………………………..


    Divorce and Legal Separation in General and How It's Handled in New Jersey (This guide is useful for unmarried parents too).
    Financial Dos and Don'ts after a Divorce (written by Attorney Gabriel Cheong)
    US law on parental kidnapping: Please see 28 USC s. 1738……………………
    LEGAL DISCLAIMER…………………………………………………………………..
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

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