Q: Can grandparents who have been active in the child’s life file for temporary custody while the parents are fighting?
They both live in the house, and are constantly arguing, my son filed with the courts when he found out she was planning to go to Ohio without his permission so they have papers saying the children cannot leave the state now, this has turned my daughter in law extremely angry, and has to wait until the first court date
My grandson hardly sleeps, he cries he hates the fighting, and doesn’t eat much his nerves are so rattled, the littlest one is too young to know what’s going on, but I’m sure he feels the tension
I think it’s very unhealthy for the two babies to have to hear this on a daily basis
Thank you for your time
A:
Thank you for your question. I know how worried you must be about the safety and well-being of your grandchildren.
The short answer is possibly. In New Jersey, in all cases involving the care and custody of children, the court must always determine the best interests of the children. Custody is comprised of both “legal” and “physical” custody. The court must apply several factors to determine the best interests of the children while weighing the rights of all parents and caretakers as well as the right of the child to continuing and frequent contact with all parents and caretakers. Non-biological parents such as yourself can have rights to either custody or visitation in certain circumstances. It is important to protect your interests and have an experienced family law lawyer explain the various factors the court will consider to determine what custodial arrangements are in your grandchildren’s best interests.
I hope this information was helpful to you.
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