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New Jersey Grandparent’s Rights

Grandparent Rights to Visitation: Visitation may be granted if at least one of the child’s parents is deceased or if the parents are divorced or living separate and apart and if the visitation is in the best interest of the child. Title 9, Chapter 2, Section 9:2-7.1 (N.J.S.A. 9:2-7.1).

When Adoption Occurs: All rights terminate unless the adoption is by a stepparent.

Child Custody Statutes: Best interest of the child, considering the following factors: (1) parents’ ability to agree, communicate and cooperate in matters relating to the child; (2) parents’ willingness to accept custody and facilitate visitation; (3) interaction and interrelationship between the child and parents and siblings; (4) any history of domestic violence; (5) preference of child, if of suitable age; (6) needs of child; (7) stability of home environment offered; (8) quality and continuity of education; (9) fitness of parents; (10) geographical proximity of the parties’homes; (11) extent and quality of time with the child before and after separation; (12) employment responsibilities; and (13) age and number of children. Judge must follow the parties agreement, unless he determines it is not in the child’s best interest. Where parties don’t agree, judge may require each party to submit a proposed custody plan. N.J.S.A. 2A:34-23 & 9:2-1 et seq.

Parents May Choose: Yes


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