Grandparents Visitation Rights – Allowed Visitation Over Objection of Parent
Grandparents Visitation Rights Monmouth County, NJ
On April 10, 2015, the New Jersey Appellate Division decided, in the case of M.K. and L.K. v. A.K., that the paternal grandparents of two children, whose father had died suddenly, should be entitled to visitation with the grandchildren over the objection of the childrens’ mother. The Court found that the parent of the childrens’ decision was entitled to deference but was not controlling, and that the grandparents had proved by clear and convincing evidence that the grandchildren would be harmed if they were deprived of a relationship with the paternal grandparents.
Under the New Jersey Grandparents’ visitation statute, the grandparents must prove by a preponderance of the evidence that visitation is necessary to avoid harm to the child. The grandparents’
evidence can be expert or factual. The termination of a long-standing relationship between the grandparents and the child, with expert testimony assessing the effect of those circumstances, could form the basis for a finding of harm.
Call (732)-972-1600 today to speak to one of our skilled Divorce and Family Law Attorneys. Located in Manalapan (Monmouth County, NJ), Cranford (Union County, NJ) and Midtown Manhattan (New York, NY); Drescher & Cheslow represents clients throughout the State of New Jersey & New York including but not limited to Mercer, Middlesex, Monmouth, Essex, Somerset, Morris, Hudson and Ocean counties.