Legal Question in Family Law in New Jersey

ex-grandparent visitation

My husband's ex-stepfather left his mother in July of 2004, when our daughter was 2 1/2 and I was pregnant with our son. He has had no contact with our daughter since then, and has never met our son, now 21 months. He tried to take us for mediation to get visitation of both children, which we refused. Given the reasons and the manner in which he left my husband's mother, ongoing issues with his lack of financially supporting his mother, as well as our issues with his morals, we firmly believe his visiting our children would have an adverse effect on thier well-being. Can an ex-step grandparent be granted visitation in NJ? He is not related to our children. He plans to take us to court for this.


Asked on 10/15/06, 10:28 am

3 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: ex-grandparent visitation

Grandparents have visitation rights with their grandchildren. I would think that a stepgrandparent would stand in a somewhat weaker position. This stepgrandparents bad conduct may make it impossible for him to have visitation.

I would have to do some research to answer your

question with more certainty.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 10/15/06, 12:11 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: ex-grandparent visitation

Given his conduct and his position as a step grandparent, I don't think he is going very far at all. However, family law is sometimes based more on a gut reaction from the judge than on actual law. To make sure you put the best argument forward, you may want to get a lawyer. I would suggest you at least meet with one. My initial consultations are always free. Feel free to call me at 732/247/3340 if you'd like to discuss the issue further.

Good luck!

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Answered on 10/15/06, 1:39 pm
Barry Kozyra Kozyra & Hartz, LLC

Re: ex-grandparent visitation

He will have an uphill battle depending on what his moving papers and yours say. It sounds as if he wants to bully his way back into the family and that is not likely to work if your reply papers are put together well.

Our office is very familiar with this and other similar family law issues. You should seek out an attorney for specific advice based on all of the facts.

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Answered on 10/15/06, 5:38 pm


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