Grandparents’ Visitation Rights in New Jersey and Pennsylvania
Few bonds are as special as the one between a grandparent and a grandchild. However, when family dynamics shift, grandparents often worry about losing touch with their grandchildren. If you are wondering whether grandparents have a legal right to visit, the short answer is: it depends, and it’s not automatic. The law protects a fit parent’s fundamental right to raise their children as they see fit. Accordingly, grandparents must clear specific legal hurdles.
New Jersey
In New Jersey, grandparent visitation is governed by N.J.S.A. 9:2-7.1. A grandparent cannot win visitation rights simply by proving it would benefit the child or make them happy. Instead, they must prove by a preponderance of the evidence that denying visitation would result in real, identifiable harm to the child. Some key factors evaluated by the Court include considering the past relationship between the child and the grandparent, the relationship between the grandparent and the parents, and whether the grandparent was previously a full-time caretaker.
Pennsylvania
Pennsylvania law addresses grandparent custody and partial custody/visitation under the Pennsylvania Child Custody Act (23 Pa.C.S. § 5325). Before a Court will consider the merits of your case, you must establish legal standing. A grandparent can generally only petition for visitation or partial custody if: (1) a parent of the child is deceased; (2) the parents are divorced or have been separated for at least 6 months; or (3) the child has lived with the grandparent for at least 12 consecutive months and was subsequently removed by the parents.