Your grandchild
is the seed of your seed, which is what makes him/her very special to you. As a
grandparent, you have a special bond with your grandchild, and it’s something
that nothing can change. However, if your child’s parents happen to pass away,
and there is no will in place, what do you think happens to the child? In some
cases, the state is granted custody to the child, and this is when he/she ends
up in the child foster care system. However, in some states, grandparents can
file for the rights to take custody of the grandchild, preventing the
intervention of the state. With this in mind, it’s time to find out more about
grandparent’s rights and how you can go about exercising them.
What are grandparents' rights in New Jersey?
Grandparents'
rights differ from state to state. In New Jersey, Grandparents can be granted
custody of the grandchild provided they ask for the same. In other words, this
means that custody is not automatically granted. You have to get in touch with
a childcustody lawyer and fight to have the child in your life. You also have
to provide enough evidence that shows you have a loving relationship with your
child.
When is a grandparent granted custody?
There are certain
special circumstances during which grandparents gain custody of the child. Some of these have been elaborated on below:
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During a divorce:
During a divorce, parents fight for the custody of their children. When one
parent is able to prove that the other is mentally unfit or has a substance
abuse problem, or is physically abusive, that parent gains custody of the
child. However, if it happens to be that both the parents are unfit to take
care of the child, then the grandparents are granted custody for the sake of
the child’s safety. For instance, if both the parents have a substance abuse
problem, the child will be given to the grandparents.
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During death: If
both the parents happen to die, grandparents can be granted custody of the
child provided they apply for the same. This can happen only when there isn’t a
guardian specified in the will of the parents. However, do note that if the
guardian can be proved unworthy to raise the child, then the grandparents can
gain custody.
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Special cases:
Sometimes, parents may choose to relinquish custody of their children. In such
cases, grandparents can gain custody. Parents will have to put the same in
writing and appear before a family court to settle the matter.
On a general
note, it is not particularly hard for grandparents to gain custody of
grandchildren if there is a reason for them to apply for the same. Proving that
parents are unfit, or situations where the parents have passed away generally
work in favor of the grandparents. Get in touch for more information ongrandparent’s
visitation rights.
