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May 2008

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NEW JERSEY COURT ORDERED COUNSELING

Images21 In this case arising out of a visitation dispute between the plaintiffs-paternal grandparents, and defendant, the mother of their deceased son's two children, the appellate panel affirms the Family Part order directing that the parties engage in counseling to facilitate future unsupervised grandparental visitation.   DelPizzo, et ux. v. Costanzo, New Jersey App. Div., October 17, 2005

Must Grandparents Pay?

When he got so ill he couldn't work, his parents stepped in to pay the mortgage, the household bills and private school tuition. When his wife filed for divorce, his parents continued to support her and their two sons, giving her about $20,000 a month. Now she's trying to make her in-laws part of the divorce, asking them to continue to pay her. Legal observers say her claim is novel, but question how successful she will be in New Jersey, where the law does not require grandparents to pay support. "I think it's a creative argument," said Ann Freedman, associate professor of law at Rutgers Law School in Camden, where she teaches family law. The case is scheduled for May 27, 2005. Newark Star Ledger, Idleman v. Idleman, Morris County Family Part, May 16, 2005

To Grandmother's House We Go...Maybe Not

Under New Jersey law [N.J.S.A 9:2-7.1] and Moriarty v. Bradt, grandparents [or other relatives] may be able to compel visitation with minor children of divorced or divorcing parents. In this case, however, the grandparents' case was dismissed, because they had had very little contact with the young grandchildren, both parents lived together and sought to prevent that visitation, and the grandchildren would suffer with visitation since it was against their own parents’ desires. Deering, et al. v. Deering, et al., New Jersey App. Div., February 24, 2005.