new jersey bankruptcy judges
The Rights Of Grandparents Under The Gvs
In matrimonial disputes, some spouses are tempted to use access to minor children as a bargaining wedge. Grandparents were in a particularly vulnerable position before the New Jersey Legislature addressed this situation in enacting the Grandparent Visitation Statute (GVS).
In a recent decision, the rights of grandparents under the GVS were reviewed. In this case, the child was two years of age. The mother objected to grandparental visitation. The trial judge ordered that the grandparents have visitation on four weekends per month, leaving the mother with very sporadic weekends with the child.
An appeal was taken to the Appellate Division of the Superior Court.
YOU BE THE JUDGE: When a child’s parents divorce, can grandparents have visitation if the custodial parent objects?
The Appellate Division held the GVS authorizes judges of the Family Part to permit grandparental visitation, over parental objection, but only to the extent necessary to avoid harm to the child.
But when a grandparent petitions the Court for relief, the presentation must be properly prepared.
The Appellate Division reversed, because there was no evidence at the trial that any grandparental visitation was necessary to avoid harm to the child. The trial judge had no psychological evaluations of the parents, the child or the grandparents. The grandmother’s testimony that she baby-sat on about 25 occasions when other babysitters were not available was insufficient to satisfy the standards of the GVS.
The decision points out that a courtroom can bring justice and may be the only way to protect your rights.
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About the Author
Author, Samuel D. Bornstein, is associated with the law firm (http://www.bornsteinlawfirm.com/) and has 40 years of experience in representing individuals and a wide variety of businesses from Fortune 100 companies that need specialized assistance to smaller companies that look to the firm as their “in house” lawyer for general day-to-day advice. The firm is experienced with transactional work and litigation, emphasizing corporate and partnership operations, employment and workplace law, professional negligence, malpractice matters, immigration, civil rights and real state matters and insurance defense.
