Bill Text: NJ A2945 | 2012-2013 | Regular Session | Amended

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Bill Title: Codifies in statute case law developedlegal standards for establishing grandparent and sibling visitation with a child when visitation objected to by child's parent, guardian, or legal custodian.*

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-11-25 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A2945 Detail]

Download: New_Jersey-2012-A2945-Amended.html

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[First Reprint]

ASSEMBLY, No. 2945

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED MAY 14, 2012

 

 

Sponsored by:

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

 

 

 

 

SYNOPSIS

     Codifies in statute case law developed legal standards for establishing grandparent and sibling visitation with a child when visitation objected to by child's parent, guardian, or legal custodian.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Judiciary Committee on November 25, 2013, with amendments.

  

An Act concerning grandparent and sibling visitation rights and amending P.L.1971, c. 420.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 1 of P.L.1971, c.420 (C.9:2-7.1) is amended to read as follows:

     1.    a.  ¹[A] (1) If there is an objection by a parent, guardian,  or legal custodian to visitation by a¹ grandparent or ¹[any]¹ sibling of a child residing in this State ¹, the grandparent or sibling¹ may make application before the Superior Court, in accordance with the Rules of Court, for an order for visitation.

     ¹[It shall be the burden of the] (2) (a) The grandparent or sibling¹ applicant ¹shall be required¹ to prove by a preponderance of the evidence that ¹[the granting of visitation is in the best interests of] a denial of visitation will result in harm to¹ the child.

     ¹(b) If the court finds that the grandparent or sibling applicant has established proof by a preponderance of the evidence that a denial of visitation will result in harm to the child, then the applicant shall be permitted visitation with the child based upon either a visitation schedule agreed upon by the parties to the visitation action, or as determined by the court based upon the best interest of the child following the criteria set forth in subsection b. of this section.¹

     b.    In making a determination on ¹[an application [filed] made] a grandparent or sibling visitation schedule¹ pursuant to this section, the court shall consider the following factors: 

     (1)   The relationship between the child and the ¹grandparent or sibling¹ applicant ¹, including whether the applicant had at any time been a full-time guardian, legal custodian, or caretaker for the child¹;

     (2)   The relationship between each of the child's parents ¹,¹ or ¹[the person with whom the child is residing] guardian or legal custodian,¹ and the applicant; 

     (3)   The time which has elapsed since the child last had contact with the applicant; 

     (4)   The effect that such visitation will have on the relationship between the child and the child's parents ¹[or the person with whom the child is residing] , guardian, or legal custodian¹ ; 

     (5)   If the parents are divorced or separated, the time sharing arrangement which exists between the parents with regard to the child; 

     (6)  The good faith of the applicant in filing the application ¹for an order for visitation¹; 

     (7) Any history of physical, emotional or sexual abuse or neglect by the applicant; ¹[and]¹ 

     (8) ¹The desire of the child for visitation with the applicant expressed to the court in an in-chambers interview, whenever the court has determined that the child is capable of articulating this desire; and¹

     (9) Any other factor relevant to the best interests of the child. 

     c.    ¹[With regard to any application made pursuant to this section, [it shall be prima facie evidence that visitation is in the child's best interest] if the applicant had, in the past, been a full-time caretaker for the child, it shall be prima facie evidence that visitation is in the child's best interest and the child will be harmed if the applicant is denied visitation.] (Deleted by amendment,              P.L.    , c.   ) (pending before the Legislature as this bill)¹

     d.  ¹[In the event that: one or both of the child's parents are deceased; the child's parents are separated or divorced; the applicant can demonstrate that there is or has been a close relationship between the child and the applicant; or the applicant has made significant efforts to establish a close relationship with the child, and the child's parent's have refused to allow such a relationship to develop:

     (1)   It shall be prima facie evidence that visitation is in the child's best interests and the child will be harmed if the applicant is denied visitation;

     (2)]¹ The court ¹[shall] may¹ order the ¹grandparent or sibling¹ applicant and ¹one or both of¹ the child's  ¹[parent] parents, or guardian or legal custodian,¹ to participate in ¹[at least one session of] an approved complementary dispute resolution program or other form of¹ mediation ¹[, conducted by a certified mediator]¹ , in order to  ¹[resolve] assist the parties in resolving¹ any visitation issues ¹[.  Failure of any party to participate in the mandatory mediation session shall be considered a factor by the court in making a determination on the application; and

     (3)   The court shall make a determination on the application based on the factors listed in subsection b. of this section, except that animosity between the child's parent and the applicant shall not be a basis for the court to deny an order for visitation] subject to the provisions of this section¹ .

(cf. P.L.1993, c.161, s.1)

 

     2. The Supreme Court may adopt Rules of Court to effectuate the purposes of this act.

     3.  This act shall take effect on the first day of the second month next following the date of enactment.