Legal Question in Family Law in New Jersey

Grandparents Want a Home Study

Hi. I'm helping a friend who is a grandparent (he and his wife) of a grandchild who they are attempting to retain custody of. The grandchild is about 2 years old and is the son of my friend's daughter (the mother). The mother is not married and lives with a roommate in Burlington County.

The mother has a psychological history and works as dancer in a strip club. She is also the mother of another child (a 5 year old son) that these same grandparents already have custody of. The 2 year old is currently in the custody of the grandparents and they are fighting to retain that custody.

My friend wants to know how he can obtain a ''home study'' of his daughter's residence, with the intent of showing his daughter's residence and way of life would not be a healthy atmosphere to bring up a child.

What exactly is a home study?

How can my friend obtain one?

Is there such a thing as a Child Custody Investigator that could perform such an activity?

Thank you for any assistance you can provide.


Asked on 11/30/03, 10:24 pm

2 Answers from Attorneys

Albert Van-Lare The Law Office of Albert Van-Lare

Re: Grandparents Want a Home Study

Lifestyle, standing alone, is nota sufficient reason to remove kids from a home. Profession as a dancer is not a legal reason to remove a kid from a home.There are only two grounds to remove a child.The grounds are abuse or neglect.A home study is generally done by the social service agency to determine whether the home of a prospective foster parent is appropriate.

There is also an investigation of homes conducted in cases like yours when multiple or even one party is seeking custody. In either case the purpose is to determine that the home is suitable.There is a bed ,supporting recreational activities, place to do home work, adults and children are not sleeping on the same bed, children have their own beds and rooms etc

If you are petitioning for custody this will be part of the process.It is not clear to me that you have sufficient reasons for removal

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Answered on 11/30/03, 11:10 pm
Bruce Matez Gerstein Grayson, LLP

Re: Grandparents Want a Home Study

If they file for Custody of the child, the Court should entertain requests for an investigation. Some counties have home investigations done routinely as a part of custody disputes. They can also hire a private investigator on their own, if they do not want to go through the Court for this. Generally if someone alleges to the Court problems with a particular person's ability to parent a child, the Court will investigate. If your friends would like to further discuss this matter, please have them contact my secretary, Debbie, at 856=796-6700 to schedule a consulation.

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Answered on 12/01/03, 9:30 am


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