Grandparent's Visitation Rights, New Jersey

[ihaveaheadache!]

My question involves grandparents rights in the State of: New Jersey. My mother and I have had a rocky relationship for years. Finally, I'd had enough of the stress and cut her out of my life completely. Now she's seeing a lawyer about suing for grandparent's rights to see my son who is three, and my six-week-old daughter that she's never seen. My children's father and I are together and he is also completely against visitation. Will I be forced to hand them over even though I don't believe it's good for them? Thank you.

[Mr. Knowitall]

You say "children's father and I are together" - as in he's your husband, or he's your live-in boyfriend? If it's the former, it would be much more difficult for grandma to get visitation over your joint objection.

1.

a. A grandparent or any sibling of a child residing in this State may make application before the Superior Court, in accordance with the Rules of Court, for an order for visitation. It shall be the burden of the applicant to prove by a preponderance of the evidence that the granting of visitation is in the best interests of the child.

b. In making a determination on an application filed pursuant to this section, the court shall consider the following factors:

(1) The relationship between the child and the applicant;

(2) The relationship between each of the child's parents or the person with whom the child is residing and the applicant;

(3) The time which has elapsed since the child last had contact with the applicant;

(4) The effect that such visitation will have on the relationship between the child and the child's parents or the person with whom the child is residing;

(5) If the parents are divorced or separated, the time sharing arrangement which exists between the parents with regard to the child;

(6) The good faith of the applicant in filing the application;

(7) Any history of physical, emotional or sexual abuse or neglect by the applicant; and

(8) Any other factor relevant to the best interests of the child.

c. With regard to any application made pursuant to this section, it shall be prima facie evidence that visitation is in the child's best interest if the applicant had, in the past, been a full-time caretaker for the child.