Grand parents and visitation
Visitation Rights for Grandparents under N.J.S.A. 9:2-7.1
In New Jersey , there is such a thing as grandparent visitation rights and that law was adopted in 1971. The law actually says that in order for grandparents to obtain visitation rights from the courts, all they have to prove is that the visitation they are requesting would be in the best interests of the child. However, the United States Supreme Court and, subsequently, the New Jersey State Supreme Court has ruled that the statute as written, while not unconstitutional, needed additional interpretation which would make visitation rights more difficult for grandparents to achieve.
The law as interpreted by the New Jersey State Courts now requires a three step process in order to achieve visitation rights for grandparents. The first step, and the most difficult to overcome, is essentially that grandparents must prove by a preponderance of the evidence that visitation is necessary in order to avoid harm to the child. If the courts agree that there would be harm to the child in absence of visitation, the presumption for the parental decision not to allow grandparent visitation would be overcome. At that point in time, the parent is required to provide a proposed visitation schedule to the grandparents. If the grandparents accept that visitation schedule, then the courts’ role is over. If the grandparents do not accept the proposed schedule, then the third part of the process comes into play and the court will approve a visitation schedule. The court-approved schedule will be based on the best interests of the child standard.
The bottom line is that although the New Jersey Legislature has passed a statute which grants grandparents visitation right based on the best interests of the child, the New Jersey Courts have completely rewritten a law and required an additional step before visitation will be granted. Based on recent case law, this is quite a hurdle for grandparents to overcome. Therefore, if you are seeking visitation with your grandchildren and the parents are not willing to work out a compromise, you should consult an attorney to discuss your possible options.
