Brooklyn, NY asked in Family Law and Child Custody for New Jersey

Q: Do my 2 month old grandmother (dads mom) have the right to take my son for the weekend

Do I have to be the one taking him back n forth to see her or shouldn't she make the effort to see him. She trying take me to court because I don't bring him to her but always welcomed her to visit him but she feel as tho she don't want to come to my area and she don't want people watching her while she with my son. The thing is I don't trust her she don't have a address live with her sons n sleep on the floor . I welcomed her to my house cause they have a big dog n their house is being watched for gang n drug activity. I believe she suffer from bipolar disorder n so do her son (my sons father)

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1 Lawyer Answer

A: No, not unless there's a court order giving them her the right. N.J.S.A. 9:2-7.1, requires that grandparents make an application to the court before they can have visitation rights. The application must prove that visitation is in the best interests of the child (which, from what you've described, clearly isn't the case). Under New Jersey law, it's also important that the custodial parent (you) agree whether any third-party visitation is appropriate. Grandparents are regarded as third-parties in New Jersey with respect to parenting time with children. You should get a lawyer to help you.

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