Legal Question in Family Law in New Jersey

Greedy Grandparents

My son's wife of six years passed away in Aug. of 1999

Shortly afterwards his mother-in-law took him to court for custody and visitation of his son. She wanted custody of the child but ended up with an extreme amount of visitation. Now on all holidays she has him from about noon until whenever. eg: Last christmas at noon until 7:00 p.m. on Jan 2. Plus every other weekend and once during the week, all school breaks. As his other grandparent we would like to see him on holidays also. How do we go about cutting her time down with him. Don't say talk to her there is no talking to this woman. She lost her only daughter and wants to replace her with our grandson.

Why the courts can't see this I don't know.

P.S. She lives in Delaware...Please Help if possible.

Thank You


Asked on 6/21/01, 5:04 am

2 Answers from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Greedy Grandparents

As a grandparent, you have as much right to file a motion for visitation as the other grandparents do. Maybe it's now time for a modification of the visitation arrangement. 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 any advice that you receive. 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

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Answered on 6/29/01, 1:19 pm
Robert Gleaner Robert A. Gleaner, P.C.

Re: Greedy Grandparents

I just answered this several days ago, but wanted to update it. In two separate opinions, announced over the last few days, the Appellate Courts have now sharply questioned the grandparent statute and in fact came up just short of calling it unconstitutional. Basically, the Courts are giving wide latitude to the parents and their rights to determine what is in the best interests of their children. In this case, another motion to the same judge may result in a modification of the visitation order once the new cases are cited. For best results, an attorney should be consulted and retained since this is new law. Only an attorney will be able to present this in its best light. Good luck! Rob Gleaner

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Answered on 7/05/01, 9:24 am


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