Can Grandparents get custody if the child wants to live with them?
Our Co-Founder of Jacobs Berger, LLC. Jamie N. Berger practices exclusively in the area of family law. In the following video, Jaimie talks about the rights grandparents have when it comes to visitation and even custody related issues.
Grandparents do have certain rights in New Jersey with respect to visitation of children and the court will look to what the bond is between the grandparents and the children. What kind of role did those grandparents have in the children’s lives and when it comes to having custody of the children it is certainly very fact-specific. No two cases are alike with respect to grandparent visitation or grandparent custody, but there are circumstances in which the court may grant custody to the grandparents if those grandparents have been shown to be the psychological parent of the children and they have really been the ones who have been in that caretaker role for a significant period of time.
Do Kids Have an Opinion on the Process?
The other thing that the court may do is that make take into consideration the desires or wishes of the children based on their age. So whether or not the court will interview children really is dependent on, first of all the specific judge and what their predilection is to to do that, but also whether or not they are of sufficient age for the court to interview. These are all very factually specific questions that an experienced family law attorney can certainly help you with, but you want to make sure you reach out to get that information before you go into court and file an application because you want to know what your rights are and what your likelihood of succeeding on these types of applications can be.