| If you are a grandparent, this may interest you.
Genevieve was dying of cervical cancer. She was separated from her husband, Maurice. She had a seven-year-old daughter, Raquel.
Genevieve’s aunt, Rose Ann, agreed to take care of Raquel after Genevieve ’s death.
Rose Ann kept that promise. Raquel moved in with Rose Ann.
Renee and Jack are Maurice’s parents. They are Raquel ’s grandparents.
After Genevieve’s death, Renee and Jack visited Raquel several times. Rose Ann thought further visits were not in Raquel’s best interests, for two basic reasons: 1) Renee and Jack might use the visits to facilitate contact between Raquel and her father, Maurice; and 2) Renee and Jack were devout members of a different religious faith than Genevieve and Raquel.
Renee and Jack filed suit to obtain a Court Order for grandparental visitation. They relied on a New Jersey statute, N.J.S.A. 9:2-7.1, which authorizes a Court to grant relief when it is in the best interests of the child.
At about the same time, Rose Ann filed proceedings to formally adopt Raquel. Later, Rose Ann formally adopted Raquel without objection from the girl’s father, Maurice.
The Court conducted a trial. At the trial, the Judge ruled for Renee and Jack because it was in the best interests of Raquel that she have visitation with her grandparents.
Rose Ann appealed.
YOU BE THE JUDGE: Should an adoptive parent’s decision about a child’s welfare outweigh a grandparent’s desire to see his grandchild?
The Appellate Division reversed and set aside visitation for Renee and Jack. The Appellate Division recognized that Renee and Jack would suffer pain by being denied visitation. But, at the trial, they had not proven that the denial of grandparental visitation would cause a particular identifiable harm, specific to Raquel. Absent such proof, the law did not authorize a court to intrude on the decision-making authority of a parent.
If you would like a copy of the recent decision in Mizrahi v. Cannon , A-6682-03T2, please call our office. |
