The N.J. Supreme Court has once again spoken about grandparent visitation rights.  In Major v. Maguire, one parent died and the remaining parent attempted to prevent the decedent’s parents from visiting the child. This case has given way to a new discussion of the N.J. Grandparent’s Rights Statute, the law that protects parents’ rights to make decisions with regard to their own children, without interference from grandparents. In a dispute, the statute places the burden on the grandparents to prove that grandchildren will be harmed if visitation is denied.

In this case, the Supreme Court ruled that the grandparents had to be given the opportunity to prove that cutting off their relationship with their granddaughter was not in the child’s best interests. The Court recognized that some grandparent rights cases are complex and warrant further discussion and discovery. This can be complicated by existing animosity between the grandparents and one of the child’s parents, or if one parent is incarcerated, addicted or abusive.

When grandparents and parents (one or both) are in conflict regarding grandparents’ visitation, the trial court considers these factors (where “child” could also mean “children”):

• The quality of the relationship between the child and the grandparents;
• The relationship between the grandparents and each of the parents or the child’s legal guardian;
• The child’s most recent contacts with the grandparents;
• How visitation will affect the relationship between the child and the child’s parent(s);
• The grandparents’ “good faith” in filing the motion; and
• Any history of abuse or neglect by the grandparent.

If a grandparent has previously served as the child’s custodian or legal guardian, that grandparent has a right to visitation, even if the child’s parent(s) may object.

As is the tendency in New Jersey’s court system, preference is given to alternative methods for resolving issues, rather than litigation. These include negotiations, mediation, and/or arbitration.  However, in some cases, grandparents find they have no alternative means of negotiating visitation, are within their rights to see their grandchildren, and need to file for court relief.

The Family Law attorneys at Hanan M. Isaacs, P.C., are here to help you with your case, whether involving grandparents’ rights; custody/parenting time of children; child support; alimony; division of property and debts; child removal/relocation cases; adoptions; or the like. We offer flexible weekday office hours at our convenient Kingston location; accept major credit cards (except for Amex); and offer a discounted initial consultation fee. Call 609-683-7400 or contact us online today. You will be glad you did.