A few months ago, we mentioned the child custody case involving a New Jersey father’s attempt to return his son to the United States after his wife removed the boy to Brazil and remained there for five years. With the help of federal legislators, the man eventually won custody of his son when a Brazilian court ruled in his favor in 2009. Three years later, however, the child custody case is far from finished.

The now 12-year-old boy’s Brazilian grandmother has been seeking visitation rights, which his New Jersey father said he would permit on one condition. He wants his son’s Brazilian relatives to stop seeking custody of the boy in Brazilian courts. When his then wife took their son to Brazil, she met another man, whom she married after divorcing her New Jersey husband. Although the boy’s mother later died there, her new husband has continued to pursue custody of the boy.

The grandmother’s visitation case has been making its way through New Jersey’s court system since last year. This week, a three-judge appellate panel ruled that the grandmother should have a chance to argue her case for visitation rights. The court also indicated that the grandmother would not have to abide by the condition requested by the father. Since the grandmother is not bringing the custody case, it would be a “heavy, if not, impossible burden,” for her to convince her daughter’s widower to drop the lawsuit.

The panel’s decision overturns the lower court’s ruling, which barred the grandmother from seeking visitation. The lower court had focused on the grandmother’s efforts to help her daughter illegally keep the boy in Brazil. The appellate court stated that this should not have been the focus of the court’s inquiry. Rather, it should have decided the grandmother’s request on whether it aligned with the best interests of the boy.

Source: The Star-Ledger, “Brazilian grandmother should be allowed hearing for visitation with N.J. grandson, appellate court rules,” MaryAnn Spoto, July 11, 2012.