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NJ Family Legal Blog Pertinent Information As It Relates To New Jersey Family Laws

Category Archives: Grandparent visitation

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GRANDPARENT VISITATION STANDARD AFFIRMED BY APPELLATE COURT

Posted in Grandparent visitation

 An interesting part of the practice of family law are the rare issues; the one that may not walk through the door every day.  Grandparent visitation cases oftentimes fit into this category.  They nearly always prove interesting, regardless of whether you represent the grandparent(s) or the parent(s), and they can quickly become complex and difficult… Continue Reading

Getting Temporary Custody of a Relative Does Not Make You the Psychological Parent

Posted in Custody, Grandparent visitation, Visitation/Parenting Time

We don’t typically post about DYFS (now DCPP) or similar type cases on this blog as we usually focus on divorce and related issues. That said, for fun, I was reading the new cases that were decided yesterday and came upon a case that I found compelling, both because it indicated some systemic problems in custody cases and… Continue Reading

Psychological Parents Not Entitled to Same Constitutional Protections as Biological Parents in Grandparent Visitation Dispute

Posted in Custody, Grandparent visitation

For more than a decade, we have known that biological parents have certain constitutional protections that help them defend against grandparents or other third parties seeking visitation with their children.  In fact, in New Jersey, because a fit parent has a fundamental constitutional right to autonomy in child-rearing decisions, a grandparent who seeks a visitation… Continue Reading

Is the Standard in NJ to Get Grandparent Visitation Going to Get Easier?

Posted in Grandparent visitation

As reported in the online version of the New Jersey Law Journal, in a story by David Gialanella,, state Senator Loretta Weinberg of Bergen County introduced  legislation that would lower the burden of proof for grandparents and siblings seeking visitation. In the year 2000, grandparent visitation became much more difficult to obtain as a result… Continue Reading

NJ SUPREME COURT REVIEWS STANDARD FOR SIBLING VISITATION AFTER ADOPTION AND/OR PLACEMENT

Posted in Adoption, Grandparent visitation, Visitation/Parenting Time

I have previously posted several blog entries about custody and parental rights where DYFS ("Division of Youth & Family Services"), NJ’s child protective agency, has involvement.  To read those posts click here, here, or here. On September 29, 2010, the NJ Supreme Court issued an opinion addressing the standards to be applied to a sibling’s request for visitation… Continue Reading

RIGHTS OF GRANDPARENTS TO VISITATION

Posted in Grandparent visitation

Previously, Eric Solotoff, Esq. of my office  blogged on the issue of grandparent visitation in comparison to sibling visitation.  To check out his post, click here. Moriarty v. Bradt, 177 NJ 84 (2003) is this state’s seminal decision on grandparent visitation as decided by our Supreme Court.  Our courts have held that there is a… Continue Reading

The American Psychological Association Issues New Guidelines for Child Custody Evaluations in Family Law Proceedings

Posted in Custody, Grandparent visitation, Practice Issues, Visitation/Parenting Time

Last week, I authored and released a Family Law Alert regarding the new Guidelines for Child Custody Evaluations in Family Law Proceedings issued by the American Psychological Association Issues. To view a PDF version of the alert, click here.  The full text of the alert is as follows: The American Psychological Association (APA) notes that parties resolve… Continue Reading

IS THE STANDARD FOR SIBLING VISITATION THE SAME AS FOR GRANDPARENT VISITATION?

Posted in Grandparent visitation, Visitation/Parenting Time

The issue of sibling visitation does not come up all that often.  However, it comes up often enough for there to be a statute that addresses it.  In fact, it is part of the same statute that provides for grandparent visitation.  The statute (N.J.S.A. 9:2-7.1) provides, in part,  that:  " A grandparent or any sibling of… Continue Reading