Articles Posted in Visitation

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On August 6, 2014, the Appellate Division published the decision in KAF v. DLM., in which the Court clarified the standard that family courts are to apply when considering applications by a third party seeking custody and/or visitation and claims that he or she is a “psychological parent” to a child who already has fit and involved legal parent(s). Continue reading ›

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On July 28, 2014, the New Jersey Appellate Division approved for publication the case of R.K. v. F.K. (Docket No. A-4165-11T4), which further clarified the issue of how courts in New Jersey are to determine applications to modify existing custody and parenting time arrangements.   In August, 2007 the wife obtained a temporary restraining order (TRO) against her husband, citing harassment. The parties had been married since 2001 and had three young children together.  That month, the family court issued a Final Restraining Order (FRO) and gave the wife temporary custody of the children.  The husband was ordered to attend anger management classes, and he was given parenting time on Wednesdays, Saturdays and Sundays.  Continue reading ›

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In a recently published opinion, dated February 19, 2014, the Appellate Division analyzed and reversed a trial court’s decision declining to gavelexercise jurisdiction pursuant to New Jersey’s version of the Uniform Child Custody Jurisdiction and Enforcement Act (commonly referred to as UCCJEA).  In this particular case, designated S.B. v. G.M.B., the trial court made a determination  to decline jurisdiction, in favor of the courts of Ontario, Canada, despite the fact that this relief was not specifically requested by either party.  Continue reading ›

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Prophetically, Karen Willitts in her blog on January 3, 2014 entitled “Grandparent Visitation in New Jersey”, discussed the state of our law as it relates to the rights of grandparents to seek visitation with theirgrandpa grandchildren pursuant to New Jersey statute, N.J.S.A. 9:2-7.1.  Continue reading ›

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One of the most difficult – and most divisive  – aspects of a divorce case is where there is a bona fide dispute between the parties as to what the custody and parenting time arrangements should be for their minor children.  Frequently, a client will insist that the children be allowed to speak to the judge directly so that the judge can hear first-hand with whom the child would rather live and/or so the judge can be told what a terrible parent the other party is.  Continue reading ›

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As stated by the New Jersey Supreme Court, “The emotional attachments between grandparents and grandchildren have been described asgrandparent unique in that the relationship is exempt from the psycho-emotional intensity and responsibility that exists in parent/child relationships. Continue reading ›