An interesting part of the practice of family law are the rare issues. 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 (both emotionally and legally).
The New Jersey Appellate Court issued an unpublished decision in the matter of L.A.B. v. B.L.P. and C.J.B. affirming and reminding both litigants and practitioners of the standard utilized by courts when asked to make a determination of whether a grandparent has a legal right to visitation with a grandchild if the parents so oppose the request. Unlike contested custody matters between two parents where the standard the court must use is “best interest of the child,” our Supreme Court has decided in the cases of grandparent visitation, it is the grandparent who must prove, by a preponderance of the evidence, not having visitation with him/her/them would cause harm to the health or welfare of the child. Not having the visitation would cause significant harm to the child, which the court must prevent as is its job as parens patraie.
Kaine Fisher, director of Rose Law Group Family Law Department said, “Compared to New Jersey, it seems pretty clear the Arizona legislature is significantly more receptive to affording grandparent visitation. Arizona has not been bashful about voicing its steadfast support of grandparents rights. A best interest analysis is still used in this state when analyzing a grandparent’s request for visitation. It seems problematic to put the burden on the grandparent to show that no visitation would “harm” the child as opposed to focusing more on the benefits such a relationship would afford. I genuinely maintain that the more adult role models a child has, and the more loving support a child receives, the better off the child will be as he or she progresses into adulthood. I’m hopeful New Jersey’s courts are issuing rulings with this in mind.”
Related article by Kaine Fisher, director of Rose Law Group Family Law Department
If you’d like to discuss family law, contact with Kaine Fisher, director of Rose Law Group Family Law Department, kfisher@roselawgroup.com.
