Legal Question in Family Law in New Jersey

Re: Grandparents visitation rights

I have a few thoughts here.

First, if your granddaughter is at risk of sexual abuse at age 5 from her father, then that is extremely serious, a deadly threat to the child's wellbeing. That threat must be addressed.

If that accusation was fully pursued and found to be false, then the man has a clear reason to be very very angry.

If that accusation was not clearly answered as clearly true nor clearly false, then you have a very difficult situation.

As to grandparent visitation, yes, there is a statute permitting that, and recent case law indicates that you have to show that your grandchild will be hurt if she does not get to see you (it is more complex than that, but that is good enough for this reply). If you have to fight in court, you do; if you can possibly work out something reasonable, you do it and avoid court.

But really, the far more important problem is the sexual abuse allegation.

You (and the child's mother, your daughter) need some expert advice from an attorney who knows the full story. Please talk to an attorney.

Your daughter needs to figure out what her options are. Simply 'preserving her marriage intact' is not a plan. She is in a very difficult situation.

If you would like, give me a call. Or your daughter can give me a call. I could only advise you, or advise your daughter, I can not talk to both you and your daughter. I am in northern New Jersey. I will discuss this with you; the telephone consultation will be free. I would be happy to help you out.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: Grandparents visitation rights

I echo Mr. Davies' thoughts. The bottom line is, there is a lot going on in this case and there is too much to address on these message boards. I suggest you speak with an attorney. My consultations are always free, so call me at 732/247/3340 and we can discuss the case.

Re: Grandparents visitation rights

Grandparents have the right to visit with grandchildren. The father seems to fear that the child will tell you something else or does he?

Apparently, you will have to chose between seeking custody or pursuing the sexual abuse

possibility.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com