Our son Fred was married to Wilma six years ago. Our granddaughter, Pebbles, is five. Pebbles has spent time with us two or three times each month since she was born. She attended all family birthday parties, backyard picnics and church services with us every Sunday. Wilma is divorcing our son and she blames us for their breakup. Wilma says our son is “too attached” to his parents, and she says that we are prohibited from visiting with Pebbles. Can she do that?
While New Jersey courts usually hold that spending time with grandparents is inherently good for the child, the court must balance this belief with a parent’s right to raise her child as she sees fit. You, as grandparents, can file an independent petition for visitation privileges with Pebbles. You have the burden of proving to the court that visiting with Pebble’s is in her best interest. Among the factors that he court considers to determine best interest are: