New legislation is afoot that would lower the burden of proof for grandparents and siblings seeking visitation rights in contested cases.
The bill, S-2975, introduced Monday, would alter the doctrine of Moriarty v. Bradt , 177 N.J. 84 (2003), which holds that grandparents may be awarded visitation regardless of parental objections if a threshold “potential for harm” standard — not set forth in the Grandparent Visitation Act, N.J.S.A. 9:2-7.1 — is met by a preponderance of the evidence.
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