New Jersey Statute – Grandparent Visitation
According to the Grandparent Visitation statute, N.J.S.A. 9:2-7.1, a grandparent who is deprived of visitation can seek an order of visitation from the court. In order to do so, the statute states that the grandparent must demonstrate that visitation is in the best interest of the grandchild. As a general rule, however, parents have the right to raise their children the way they wish to, without interference. We call this parental autonomy.
Validity of the Grandparent Visitation Statute – Moriarty v. Brandt
To better understand the current status of grandparent visitation in the state, we need to discuss a case called Moriarty v. Maguire. In Moriarty, the court dealt with the apparent clash between the Grandparent Visitation Statute and parental autonomy. The court in Moriarty ruled that in order for a grandparent to gain visitation against a parent’s wishes, the grandparent must show by a preponderance of the evidence that without the visitation the child will face harm.
Grandparent Visitation Litigation – Major v. Maguire
In Major v. Maguire, grandparents Anthony and Suzanne Major sought visitation under the Grandparent Visitation Statute. The Major’s son, Chris Major, was separated from their granddaughter’s mother, Julie Maguire, when he passed away in 2013. During the separation, the Major’s said they had a close relationship with their granddaughter, including weekly or bi-weekly visits, attending dance recitals, and family trips. Suzanne stated that she frequently took care of her granddaughter while Chris was dying, even living with them in the final weeks. Since Chris’s death, the grandparents stated that they have only seen their granddaughter twice for short visits. Continue Reading →