New Jersey Family Law Blog

In New Jersey when a child is given up for adoption, the rights of the biological parents are terminated at the end of the adoption process. What happens, however, to the rights of the child’s biological grandparents?

Prior to the 1970’s, grandparents had no legal visitation rights. Then divorce rates began to rise and so did the number of single-parent homes. Grandparents began to take a more active role in raising their grandchildren and states began to adopt laws granting grandparental visitation rights. (1)

Today New Jersey law gives grandparents the right to seek visitation with their grandchildren if they are at any time denied such visits by the children’s parents. The grandparents must prove visitation is in the child’s best interest and the court will consider a series of factors when granting this request, including the relationship between the child and the grandparent(s), the relationship between the child’s parents and the grandparents, and the effect the visitation may have on those relationships. (2)

These rights usually come into play in divorce cases. Adoption is a different matter; here, New Jersey adoption laws and grandparent rights can conflict. A recent Bergen County case highlights this conflict.

In this case, paternal grandparents of two children applied to the Bergen County Superior Court for visitation rights after being cut off by the children’s adoptive parents. The judge ruled in favor of the adoptive parents, stating that the State’s adoption laws terminating the rights of the biological parents also pertain to the rights of the biological grandparents. The State Appellate Division disagreed. (3)

The Appellate Court pointed to several factors supporting its decision. First, the adoption laws that originally terminated the relationships between the child and the biological parents and rights of all other persons based on that relationship were repealed in the late 1970’s. The new act eliminates reference to other persons. (3) Second, the lower court’s decision was based on a precedent involving non-relative adoptions. In this case, one of the adoptive parents is the biological mother’s cousin. (3)

Finally, the adoptive parents themselves indicated through their actions that the adoption did not preclude the grandparents’ visitation rights, because they allowed such visits until the grandparents allegedly began to question their parenting methods. (3)

In short, the Appellate Court ruled that in New Jersey termination of the biological parents’ rights does not apply automatically to the rights of the biological grandparents in adoption cases.

(1) http://www.livestrong.com/article/206424-grandparents-rights-in-new-jersey/
(2) http://www.njdivorceonline.com/njpages/Visitation/grandparent_visitation_rights.asp
(3) http://www.law.com/jsp/nj/index.jsp?slreturn=1&hbxlogin=1

Divorce not only separates the nuclear family – father, mother, child – but it can have ramifications for the extended family as well. The grandparent/grandchild relationship is one that can often suffer from the dissolution of a marriage.

Since the 1970s, a number of states have passed laws recognizing grandparents’ rights in maintaining relationships with their grandchildren. The Grandparents’ Visitation Statute of New Jersey grants grandparents the right to seek visitation with their grandchildren in the State. (1)

In reviewing the grandparents’ application for visitation, courts take several things into consideration, including the grandparents’ relationship with that grandchild as well as with their relationship with their own child. Indications of abuse of any kind – emotional, sexual, physical – or indications of neglect will be weighed heavily by the courts when ruling on the visitation application.(2) Just how heavily such actions are weighed was evident in a recent Monmouth County case.

Last month a Superior Court judge denied a visitation request by the grandparents of a Tinton Falls boy.(3) The child, Sean Goldman, had been the object of an international custody battle that lasted five years. In 2004 Sean was taken by his mother, the late Bruna Bianchi, to her homeland of Brazil for what was to be a short visit. While there, however, Ms. Bianchi filed for divorce from her husband, David Goldman. In 2007 Ms. Bianchi remarried but died shortly thereafter. Her new husband filed in Brazil for custody of Sean, claiming that the child’s biological father had abandoned him. Meanwhile in the U.S., Mr. Goldman had been launching his own legal actions to bring his son back home.

The custody battle between Mr. Goldman and the boy’s stepfather and maternal grandparents won international attention. It took five years and help from some high-ranking U.S. officials before Mr. Goldman was allowed to bring his son back home in 2009.

Since then, Mr. Goldman had agreed to allow his ex-wife’s parents to visit their grandson under certain conditions, one being they drop all legal action in Brazil to regain custody of Sean. That legal action, along with the couple’s past actions to keep Sean from his biological father, weighed heavily in the Superior Court judge’s recent decision regarding the denial of grandparents' visitation.(3) While New Jersey does recognize the rights of grandparents, the statute allows for visitation only when it is in the best interest of the child.(1)

(1) http://www.livestrong.com/article/206424-grandparents-rights-in-new-jersey/

(2) http://www.ehow.com/list_6656730_grandparent_s-rights-new-jersey.html

(3) http://www.newjerseynewsroom.com/state/grandparents-of-sean-goldman-denied-visitation

Paternity testing can cost up to $500, not including attorneys fees, should you desire representation.

If the father of your child contests paternity, you should file a Paternity Complaint wherein a hearing will take place and a paternity test will be scheduled. N.J.S.A. 9:17-38 is known as the New Jersey Parentage Act.

There are certain instances where paternity is presumed.

Continue reading "New Jersey Parentage" »

In a recent New Jersey case, a mother's parental rights were reinstated after the New Jersey State Supreme Court found that DYFS failed to prove the mother was unwilling and unable to eliminate threats of harm (in this case, the presence of the child's father).

The Division of Youth and Family Services, more commonly known as DYFS, files for termination of parental rights. By clear and convincing evidence, DYFS must show the following: (1) the child's safety, health, or development is endangered by the parental relationship; (2) the parent is unwilling or unable to eliminate the harm facing the child; (3) DYFS made reasonable efforts to provide services to help the parent; and (4) termination will not do more harm than good.

Continue reading "New Jersey: Termination of Parental Rights" »

Grandparents will only be given visitation against the wishes of a parent if they can prove by a preponderance of the evidence that such visitation is necessary to avoid harm to the child. Moriarty v. Bradt, 177 N.J. 84, 114-15 (2003).

Continue reading "New Jersey Visitation: Rights of the Grandparent " »

As the custodial parent you might think that since the children are under your care and control that as long as you provide them with a warm loving environment it does not matter whether you relocate to another state.

This is not the case. New Jersey law prohibits a custodial parent from moving with the parties' children outside the state without court order or the non-custodial parent's consent.

If the non-custodial parent does not consent to the move, the custodial parent must file a motion asking the Court to relocate. The Court will consider whether the children will suffer from the relocation, whether a relationship will be maintained with the non-custodial parent, and whether regular visitation is possible.

Continue reading "Custody: What You Should Know Before You Leave New Jersey " »

Let's face it - sometimes non-custodial fathers are delinquent in their child support payments. What is a custodial mother's recourse? Perhaps, the custodial mother can call the probation department or file a motion to enforce litigant's rights. There are many ways to enforce support orders and/or agreements.

May the custodial mother prevent her ex from seeing his children? Quite simply, the answer is 'no'.

Make no mistake about it, a father's refusal to pay child support is frowned upon. However, it is not up to the custodial mother to decide in what manner to best enforce support, especially if the actions affect children. This issue should be handled by the Courts.

Continue reading "New Jersey Child Support and Visitation: Is There a Connection?" »