Grandparent Visitation During COVID-19
During the continuing COVID-19 pandemic, grandparent visitation remains an issue resulting in assorted disagreements between parties involved in contentious custody litigation. There is a general statute in New Jersey addressing grandparent visitation, but the issue has many layers that are not easily defined and often requires the input of an experienced matrimonial attorney. Following the United States Supreme Court’s decision in Troxel v. Granville in 2000, New Jersey courts began to more specifically address the grandparent visitation issue, further elaborating on the language and interpretation of N.J.S.A. 9:2-7.1
The general custody statute in New Jersey refers only to natural parents and not third parties such as grandparents. In Watkins v. Nelson, decided by the New Jersey Supreme Court post-Troxel in 2000, the Court clarified the standards to be used in different custody matters. For example, where the dispute is between two fit parents, the best interests of the child standard controls. In the context of a dispute between a fit parent and a third-party such as a grandparent, only the fit parent enjoys a presumption in favor of custody. That presumption is rebuttable, but it is a high threshold that is difficult to meet.
Disputes Between Third-parties and Parents
In custody disputes between third parties and parents, including grandparent custody disputes, there is a two-step analysis in New Jersey. The first step requires a meeting of the high parental termination standard. This standard can only be met by showing parental unfitness of the natural parent, neglect by that parent, or so-called exceptional circumstances. Suppose the parental termination standard or exceptional circumstances criteria is met. In that case, the second prong of the two-step analysis requires the trial court to decide whether awarding custody to the third party would promote the child’s best interests. There is no exact definition of what meets the two-prong test. Still, the Supreme Court has held that trial courts cannot award custody to a third party over the objections of a fit parent without an initial finding of the parental termination standard or a persuasive showing of exceptional circumstances.
New Jersey courts have outlined an uphill battle for grandparents seeking to exercise parenting time over a fit parent’s objections. This is a timely issue that is even more relevant during COVID-19, and New Jersey trial courts will be addressing it for years to come. Even with prior Supreme Court cases that attempt to highlight the factors for managing such third-party requests, each new case presents new facts and circumstances that an experienced family lawyer at our office can address with you.
Please contact our office to discuss this issue during the COVID-19 pandemic.
