If a previous custody resolution process like an assessment or mediation yields no solution, the court may order a full child custody evaluation at the parents’ expense. Parents may agree to a single evaluator or each retain their own separately, and the court may also order a neutral evaluator.
Grand Parent rights in New Jersey are limited. The New Jersey Supreme Court set forth the standards that grand parents must show in order to get visitation in the case of Moriarty v. Bradt, 177 N.J. 84 (2003). The Court held that first, the grand parent must establish be a preponderance of the evidence that visitation is necessary to avoid harm to the child. This is a very difficult burden to overcome but it is not impossible. If the grand parent does meet this burden, then the parent must offer a visitation schedule.
In Mizrahi v. Cannon, 375 NJ Super 221 (App. Div. 2005), the Appellate Division held that grand parents must establish that denying visitation would wreak a particular identifiable harm, specific to the child, to justify interference with the with a parent’s rights to due process. Generic or generalized allegations of harm are not sufficient.
If you are facing a grandparent’s rights issue in your case, call us to speak to one of our New Jersey grandparent visitation lawyers today to see how we can help you. We could put together a grandparent visitation motion that is hard hitting and aggressive so that you can have a better chance at victory.