Q: How long does the process take to get an order from the court for grandparent visitation?

A: About 1-2 times per month, my office will get a call from a grandparent asking if they can file an application with the court to compel visitation with their grandchild.

In response, we start off with a discussion on the statute governing visitation for siblings and grandparents, which is where you need to start as well to decide if you have a proper basis for the visitation request.

For purposes of filing an application with the court for grandparent visitation, you need to focus on the statutory factors ( below) to show a superior court judge that permitting the visitation is truly in the child's best interest, starting with your role as caretaker for the child over the course of the past 2 - 3 years.

After you file the complaint, the parent or guardian for the child has the right to file opposition to your complaint and then based on the materials submitted, a judge will enter a scheduling order for discovery into your claims and a date for a plenary hearing on your application. The judge may also enter an order for interim visitation.

The court can also bring in a mental health expert to assist in determining the credibility of your request, the basis for the parent's objection and meet with you, the parent and the child ( based on his age) to determine whether the expert thinks it will be in the child's best interest to have the visitation with you.

So, if the parent or guardian of this child objects to your involvement, it can take many months for the court to schedule the hearing and make rulings and it can be a costly process.

So, my suggestion is that you should sit down with a family law specialist to examine your request to figure out the best way to proceed.

The statute is found in N.J.S.A. 9:2-7.1 - Visitation rights for grandparents, siblings and it states:

1.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.