+ Reply to Thread
Results 1 to 7 of 7
  1. #1
    MMang22 is offline Junior Member
    Join Date
    Aug 2010
    Posts
    1

    Paternal Grandparents Rights in NJ

    What is the name of your state (only U.S. law)? New Jersey

    Do grandparents, or are grandparents able to seek visitation rights to a baby when the biological father does not wish to see the child? The baby is two months old, living with the mother in NJ. The father is living and going to school in California and his parents want visitation rights. There was no previously relationship between the child and grandparents, however the child is only two months old. No relationship exists between the mother and paternal granparents because the biological father recently informed them they had a grandson. Is this possible for the paternal grandparents to still see the child. The biological father is paying child support also, if this is at all a consideration. Please help,

    Thanks
  2. #2
    Antigone* is offline Senior Member
    Join Date
    Dec 2007
    Location
    In honor of JetX ~ Somnambulist University
    Posts
    21,220
    Quote Originally Posted by MMang22 View Post
    What is the name of your state (only U.S. law)? New Jersey

    Do grandparents, or are grandparents able to seek visitation rights to a baby when the biological father does not wish to see the child? The baby is two months old, living with the mother in NJ. The father is living and going to school in California and his parents want visitation rights. There was no previously relationship between the child and grandparents, however the child is only two months old. No relationship exists between the mother and paternal granparents because the biological father recently informed them they had a grandson. Is this possible for the paternal grandparents to still see the child. The biological father is paying child support also, if this is at all a consideration. Please help,

    Thanks

    Unless and until there is legal proof that your son is the father, then you are not granparents.

    If and when dad is legally named the child's father and when he exercises his visitation, then you can visit with this child at his discretion.

    You have no inherent rights to this child as it stands today.
  3. #3
    Banned_Princess is offline Senior Member
    Join Date
    Jul 2009
    Location
    New York. Long Island.
    Posts
    7,711
    It is my suggestion that mom whoever she is allows the child to get to know the grandparents, especially if the father is not in the picture.

    they have no right but you (mom) have a responsibility to the child you brought in the world with another person and his family is included, just like yours (moms) is.
  4. #4
    mistoffolees is offline Senior Member
    Join Date
    Mar 2008
    Posts
    21,315
    Quote Originally Posted by Antigone*of*Greece View Post
    Unless and until there is legal proof that your son is the father, then you are not granparents.

    If and when dad is legally named the child's father and when he exercises his visitation, then you can visit with this child at his discretion.

    You have no inherent rights to this child as it stands today.
    Actually, OP has no inherent rights even after paternity has been established.

    She might be able to get the court to allow visitation if she can show that it's best for the child, but that's basically judicial discretion, not an inherent right. The only inherent rights are the Constitutional rights granted to parents, not grandparents.
  5. #5
    Rushia is offline Senior Member
    Join Date
    Oct 2004
    Location
    are those flames?!!!
    Posts
    4,325
    Quote Originally Posted by mistoffolees View Post
    Actually, OP has no inherent rights even after paternity has been established.

    She might be able to get the court to allow visitation if she can show that it's best for the child, but that's basically judicial discretion, not an inherent right. The only inherent rights are the Constitutional rights granted to parents, not grandparents.
    Just to expand on this.... It's usually hard for gp's to prove best interests in the case of an infant. The child has no relationship as he is too young and therefore cannot be "harmed" by a lack of relationship. I don't know of many gps who won a visitation suit when the child is that young.
  6. #6
    mistoffolees is offline Senior Member
    Join Date
    Mar 2008
    Posts
    21,315
    Quote Originally Posted by Rushia View Post
    Just to expand on this.... It's usually hard for gp's to prove best interests in the case of an infant. The child has no relationship as he is too young and therefore cannot be "harmed" by a lack of relationship. I don't know of many gps who won a visitation suit when the child is that young.
    I don't know about visitation, but custody changes can happen, but only if both parents are clearly unfit.
  7. #7
    LdiJ is offline Senior Member
    Join Date
    May 2004
    Posts
    66,113
    Quote Originally Posted by Rushia View Post
    Just to expand on this.... It's usually hard for gp's to prove best interests in the case of an infant. The child has no relationship as he is too young and therefore cannot be "harmed" by a lack of relationship. I don't know of many gps who won a visitation suit when the child is that young.
    Correct. I am not certain if the mother is posting here or the grandparents are posting here or if its some other party on the behalf of one of the parents or grandparents. However, I will say, that if the paternal grandparents want to visit with the child, then making friends with and being a support to mom is the best way to go about it.

    So, contacting mom and offering assistance and support, and asking to see the child, IN MOM's HOME, would be the best way to go.

Similar Threads

  1. losing daughter to paternal grandparents
    By AidoyBaske in forum Child Custody & Visitation
    Replies: 5
    Last Post: 01-08-2011, 01:53 PM
  2. Visitation for My Child's Paternal Grandparents
    By bethlynn in forum Grandparentís Rights
    Replies: 3
    Last Post: 06-08-2007, 10:59 AM
  3. visitation rights of paternal grandparents
    By crazzeecathy in forum Child Custody & Visitation
    Replies: 4
    Last Post: 10-12-2005, 07:06 AM
  4. Paternal Grandparents Cut off from Visits
    By sdchargers13 in forum Grandparentís Rights
    Replies: 3
    Last Post: 10-03-2005, 11:14 AM
  5. Paternal Grandparents need help
    By Tim Sunderland in forum Grandparentís Rights
    Replies: 12
    Last Post: 09-29-2005, 08:59 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.