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.
This was a tough case because my client had been the non-custodial parent for years. After the mother was put in jail for pending charges, a custody war developed between my client and the maternal grand parents. I have to be limited in my comments about this one but after months of fighting a very tough opponent, my client was awarded custody of the child and the grand parents left the case with no rights to the child.