Legal Question in Family Law in New Jersey

Parents rights to refuse grandparents visitation

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.


Asked on 8/10/07, 10:50 am

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Parents rights to refuse grandparents visitation

by law grandparents have the right to visit with their grandchildren, but this right is subject to be curtailed when the best of the child are involved. The grandparents will have to see your child at your house, but of course this is a matter of hours of visitation and not days.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 8/10/07, 11:12 am


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