Newark, NJ asked in Family Law and Child Custody for New Jersey

Q: can my son grandmother get any rights to my son. I already have joint legal custody that I share with my son mother .

The mother of my child have residential custody. And now the grandma trying to get residential custody and they both live in the same home mom and daughter.

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1 Lawyer Answer
Richard Diamond
Richard Diamond
  • Divorce Lawyer
  • Short Hills, NJ
  • Licensed in New Jersey

A: Interesting question. The question is what role does the grandmother play in the child's day to day life and why? If the answer simply is that your ex lives in the same house with her mother, presume that it is not sufficient but if the grandmother is primarily responsible for the child's care, that could change things and give her a basis for the court to reexamine her role in the child's life, especially if there is concern over your ex's handling of the child's care.

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