Legal Question in Family Law in New Jersey
Granparents rights
My husband and I have stopped letting our children see his parents. My 3 year old son came to us with a report of abuse regarding his uncle, my husband's brother, who lives with my inlaws and is 33. Our son also said that he told his grandmother about the abuse. All allegations were denied by both my brother-in-law and my inlaws. We had to report this to DYFUS, the police department, and the prosecutor's office. Our son is currently in counseling for this and my husband and I will be in counseling shortly. The prosecutor's office spent about 10 minutes with him in a room without us present and determined that the abuse didn't happen. The DYFUS worker and the counselor have determined that the abuse DID happen. The prosecutor did say that if something was found out in counseling they would talk to him again. We believe our son, however we do not wish to put him through anymore interviews. My brother in law has a past of getting into trouble, stealing, drinking and driving and having his parents cover it up, so we are apt to believe my son over the two of them. My question is will they be able to seek grandparents visitation rights? I've noticed that two cases were overturned by the Supreme Court, is this still holding true? Thanks.
1 Answer from Attorneys
Re: Granparents rights
They can try, but is a real uphill battle.