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Paternal Grandparents Rights in NJ

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MMang22

Junior Member
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
 


Antigone*

Senior Member
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.
 

Banned_Princess

Senior Member
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.
 

mistoffolees

Senior Member
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.
 

Rushia

Senior Member
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.
 

mistoffolees

Senior Member
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.
 

LdiJ

Senior Member
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.
 

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