Legal Question in Family Law in New Jersey

Re: Grandparents rights to see grandchildren

You may be able to get visitation rights, however it is unlikely that this won't cause any problems. There is a grandparent visitation statute which allows a judge to order visitation between the grandparents and grandchildren if it is in the best interests of the child. There are many facts which would go into this determination, however, and I cannot predict whether or not you would win in Court. The likelihood, however, is that it would cause alot of trouble between you and your son and his wife. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

Re: Grandparents rights to see grandchildren

I agree with Mr. Gleaner. In addition to all problems it might cause in your family, there is a question of whether grandparent vistation statutes are constitutional. The United States Supreme Court recently found a grandparents rights statute unconsitutional as applied in one case, thus calling into question all such statutes. It is possible that, even if you won at the trial court level, the decision could be overturned on appeal based on the Supreme Court case.

I would suggest you "negotiate" with your son, and see if you can work out something. If not, you can go to court, but this will create problems, cost you money, and then may not give the desired results.

You may also want to look for sites online which address this subject. Type "Grandparents rights" in your search engine, and this should lead you to some sites of interest.

Re: Grandparents rights to see grandchildren

I answered this question back in May, but wanted to update it. In two recent separate opinions, the Appellate Courts sharply questioned the grandparent statute and in fact came up just short of calling it unconstitutional. This was foreshadowed by the other answer given by my colleague in North Jersey. Basically, the Courts are giving wide latitude to the parents and their rights to determine what is in the best interests of their children. However, from a personal note, I believe all children should have good relationships with their grandparents. The first step, however, is that the adult children and their parents patch up their differences. That is a tough task sometimes, I know. Good luck! Rob Gleaner