How do I pursue legal visitation of my Goddaughter?

Full question:

I want to pursue legal visitation of my Goddaughter. I've been part of nurturing , loving and rearing her since birth. We're extremely close.

  • Category: Minors
  • Date:
  • State: New Jersey

Answer:

The following is a NJ statute:

“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.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Custody decisions are based on the child's best interests. Factors include the child's relationship with each parent, the ability of each parent to provide a stable environment, and any history of abuse or neglect. Courts typically favor the parent who has been the primary caretaker. Each case is unique, and the specific circumstances will significantly influence the outcome.