Grandparents rights in NJ ???

What is the name of your state?NJ

I received a summons in the mail yesterday from my mother-in-law, she is seeking visitation with our 2 children.

I have had to deal with this woman for the past 6 yrs, she has created many problems between my wife and I. Last August(1994) I finally had enough and gave my wife the choice of her biological mother who didn't raise her or me. She chose me and with counseling we have worked out our problems.

My children(6) and (18 months) have not seen this woman or her husband and siblings since August. I am scheduled for a "case management conference" on March 1st. I do not want this woman to have contact with my children, I would like to squash this before March 1st as I find it a violation of my 14th amendment rights to raise my children without state interference.

How do I go about it???

thebeachbum33 said:

What is the name of your state?NJ

I received a summons in the mail yesterday from my mother-in-law, she is seeking visitation with our 2 children.

I have had to deal with this woman for the past 6 yrs, she has created many problems between my wife and I. Last August(1994) I finally had enough and gave my wife the choice of her biological mother who didn't raise her or me. She chose me and with counseling we have worked out our problems.

My children(6) and (18 months) have not seen this woman or her husband and siblings since August. I am scheduled for a "case management conference" on March 1st. I do not want this woman to have contact with my children, I would like to squash this before March 1st as I find it a violation of my 14th amendment rights to raise my children without state interference.

How do I go about it???

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I don't think that you can totally "squash" the case. Unfortunately the NJ statute does allow even parents in intact families to be sued for grandparent visitation.

However the fact that both you and your wife are opposed to the visitation is a strong factor in your favor. You also have the USSC decision in Troxel vs Granville on your side, and addition the NJ Supreme Court has weighed in with Wilde vs Wilde (not the same situation but much of the rationale used by the NJ Supreme Court would also apply).

I would recommend that you use an attorney if at all possible...and I would recommend that you interview attorneys until you are sure that you have one who fully embraces the rationale that a parent vs third party case(grandparents) is NOT the same as a parent vs parent case....and will fight the case accordingly. You don't want an attorney who is going to see your case as no different than a case between two parents...and therefore push you into settling....or not fighting against any temporary orders that the grandparents may request (due process issues).

Good luck.

Do you have any idea on what kind of money it will take? Am I going to have to take out a second mortgage or worst hit the childrens college funds?

Huh..... where does the 14th Amendment say anything about the right to raise children?

stealth2 said:

Huh..... where does the 14th Amendment say anything about the right to raise children?

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137 Wash. 2d 1, 969 P.2d 21, affirmed.

Justice O’Connor, joined by The Chief Justice, Justice Ginsburg, and Justice Breyer, concluded that §26.10.160(3), as applied to Granville and her family, violates her due process right to make decisions concerning the care, custody, and control of her daughters. Pp. 5—17.

(a) The Fourteenth Amendment’s Due Process Clause has a substantive component that “provides heightened protection against government interference with certain fundamental rights and liberty interests,” Washington v. Glucksberg, 521 U.S. 702, 720, including parents’ fundamental right to make decisions concerning the care, custody, and control of their children, see, e.g., Stanley v. Illinois, 405 U.S. 645, 651. Pp. 5—8.

thebeachbum33 said:

Do you have any idea on what kind of money it will take? Am I going to have to take out a second mortgage or worst hit the childrens college funds?

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I won't lie to you, its probably going to be expensive. Many parents who have had to fight these cases indeed have had to either take out loans or deplete savings. At the same time however, parents who have settled are almost guaranteed to bitterly regret it...and usually within a fairly short amount of time.

money

In NJ the average rate for family law attorneys is about $250 an hour. Some will charge you a retainer of maybe around $1000.00 to file and review PPwk and then they will want anywhere from $750 to $2000 to go to court with you.
This is just ballpark. I would say, with the proper attorney, expect to pay anywhere from $1500 to $3500 depending on how involved the case is and the number of times you have to appear in court.
Honestly, If you have a good reason why you and your wife don't want her around your kids, I find it hard to beleive a NJ Judge would force you to let her have visitation.
What county are you in?

Case Mgmnt?

How did you get scheduled for a "case management"? Is this what her lawyer has proposed? What kind of "summons" do you have?
It just sounds wierd to me.

MominNJ said:

In NJ the average rate for family law attorneys is about $250 an hour. Some will charge you a retainer of maybe around $1000.00 to file and review PPwk and then they will want anywhere from $750 to $2000 to go to court with you.
This is just ballpark. I would say, with the proper attorney, expect to pay anywhere from $1500 to $3500 depending on how involved the case is and the number of times you have to appear in court.
Honestly, If you have a good reason why you and your wife don't want her around your kids, I find it hard to beleive a NJ Judge would force you to let her have visitation.
What county are you in?

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I would expect it to be a lot more than that.

Maybe

stealth2 said:

I would expect it to be a lot more than that.

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It could run plenty more, depending on "how involved the case is" But in NJ, $250 an hour is average rate for Family law attorneys. And cosidering the time it takes for the attorney to review the other attorneys PPWK, consult with the client, drafting and reviewing his own PPWK, appearing in court and then count fees for couriers filing fees etc. you are looking at a bill "in the neighborhood" of about $2500.
It's not a long and involved divorce, or a major custody battle. basically the lawyer has to answer to the other attorneys motion or whatever it is and go to court with the client.
But gain, it's a ballpark figure based on my own experience, and other people I know.
I know people who have paid cosiderably less for a situation comparable to my own, but I haven't heard of anyone paying considerably more.

Well, based on my experience in NJ, unless it is a completely straighforward case (and this honestly doesn't sound like it is), it's going to cost more than $5k. Since grandma has filed for visitation and Dad is completely opposed to it, mediation/settlement isn't likely. Which means it's going to rack up the dollars. Hell - I paid close $20k for a CS modification. In NJ.

stealth2 said:

I would expect it to be a lot more than that.

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Unfortunately, so would I. In my experience the average cost for a gpv case is between 5-10k......and you can expect the grandparents to end up spending more than the parents. There are cases that have been done for less...but that is honestly the average.

To Stealth and Ldij

Holy Cow! I have never heard of anyone paying that much! EVER and I know seven different people who have been divorced and some that were not married and were in custody battles and other things.
Most of them paid less than me. Only one paid more than me.
Ok, cumulatively, I can say I paid approx. 15K that's over the course of 5 years. Going back and forth again and again.
And It was never a strightforward case with me and my ex. It's always involved motions and cross motions and answers to those cross motions, YUCk. Lucky for me, however, my ex didn't turn it into a trial. He isn't that well off.
And I never had to go to CS court seperately. It was always ordered in court and prepared by my attorney. No problems there.
I feel sad just hearing that you paid that much, but you can't be talking about just one hearing, could you?
No way.

Hey Beach Bum

Hey beachbum, maybe I should refer you to my attorney!

MominNJ said:

Holy Cow! I have never heard of anyone paying that much! EVER and I know seven different people who have been divorced and some that were not married and were in custody battles and other things.
Most of them paid less than me. Only one paid more than me.
Ok, cumulatively, I can say I paid approx. 15K that's over the course of 5 years. Going back and forth again and again.
And It was never a strightforward case with me and my ex. It's always involved motions and cross motions and answers to those cross motions, YUCk. Lucky for me, however, my ex didn't turn it into a trial. He isn't that well off.
And I never had to go to CS court seperately. It was always ordered in court and prepared by my attorney. No problems there.
I feel sad just hearing that you paid that much, but you can't be talking about just one hearing, could you?
No way.

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You are talking about parent vs parent cases. I am talking about parent vs third party (grandparent) cases. Not the same at all....