It is common for divorced or “split-up” parents to have disagreements regarding parenting time rights. However as an experienced New Jersey child custody lawyer, I recently realized (while reviewing some data) that my associate attorneys and I have handled countless cases in which grandparents must also fight to visit their grandchildren. In the recent case of R.K. v. D.L., the New Jersey Appellate Division decided that while a parent also has superior authority in regards to the child, grandparents must be given the opportunity to present evidence that visitation is necessary to avoid harm to the child. Let’s take a closer work.
D.L., the father in R.K. v. D.L., was twenty-five years old when he met his future wife, K.K., who was twenty-one at the time. He was introduced to her by her brother, who also happened to be D.L.’s roommate. D.L. and K.K. lived together, and eventually married in 2000. Two children were born of their marriage, Olga and Charles. The marriage lasted only four years.