Hello, my girlfriend and I need advice on grandparent rights. To give some context: My girlfriend is from Arkansas, and I’m from New Jersey. After dating online and for about three years, she moved in with me in New Jersey, and we had a daughter.
My girlfriend doesn’t want her mom involved with our daughter because her mom has shown little interest, only asking for pictures and even screenshotting them from others to post on Facebook. We visited Arkansas twice, but her mom only took one picture with the baby and showed a brief engagement.
Now, her mom is threatening to pursue “Grandparent Visitation Rights” under Arkansas law, which allows such petitions if the child is born out of wedlock. New Jersey law focuses on what’s best for the child, but only in terms of custody, not visitation.
Does she have a valid case, or does our out-of-state residence protect us from this issue? My girlfriend and I live together and plan to marry soon.
Thanks for any advice.
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Arkansas doesn’t apply here; New Jersey is the place with authority. This page provides a good overview of New Jersey law. Essentially, she would have to file a case in New Jersey and convince the court that visitation with them is what’s best for the child.
Since they live hundreds of miles away, it’s unlikely she’ll be able to make this work, especially if she’s not ready to travel to New Jersey.
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It’s surprising how many older people hear the term “grandparent rights” and assume it means whatever they believe it should. Don’t let their threats intimidate you; they probably don’t hold much weight.
If I were in your position, I would look into what grandparent rights in New Jersey actually involve. It might also be helpful to visit a free legal clinic and explain your situation to them. Before you go, make sure to jot down important details such as when your girlfriend moved to New Jersey, the baby’s birthdate, and how often the grandmother has seen the baby.
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Arkansas doesn’t apply here; New Jersey is in charge. This page provides a good overview of New Jersey law. In short, she would have to file her case in New Jersey and show the court that visitation would benefit the child. Since they live so far away, it seems improbable unless she’s ready to travel to New Jersey, which also seems unlikely.