I'm so very sorry to hear about your loss and wish your family the very best. I will do my best to respond to you as specifically as possible here, but please know that more information is needed for a complete answer and tailored advice.
You can certainly file for grandparent visitation in New Jersey. Courts do hear these types of applications fairly routinely. But, to be honest, it is not an easy case for you to prove. As the grandparents, you have to prove to the judge that your grandchild will be harmed by not seeing you/having visits with you. This is a pretty tough standard and hard to prove harm will come to him or her if you are not given grandparent time with them. The case could end up needing psychological experts to get involved to evaluate your family and make a determination that the child will be harmed, if they do indeed come to that conclusion.
My advice would be to try and work out a grandparenting time plan with the child's other parent. Sit down and try to come up with an agreement that works for the whole family. Of course, be reasonable. Digging in your heels and refusing to negotiate will certainly get you nowhere fast.
Consider a consultation with a family law attorney who can discuss all the details of your family situation and give you the best plan of action and legal advice to achieve your goals. Many firms offer free consultations as we do. Wishing you the very best. Bari
The information we provide is not, nor is it intended to be, legal advice. These answers are designed for general information only. You should consult an attorney for advice regarding your specific situation. Our website, www.WLG.com, will provide you with a wealth of valuable information in addition to the best way to contact us.
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