Patrick Moriarty, Plaintiff-Respondent v. Julia E. Bradt, Defendant, and Lynn Jack Bradt and Patricia Bradt…

Summary

The Supreme Court of New Jersey held that the Grandparent Visitation Statute is constitutional when grandparents bear the burden of proving by a preponderance of the evidence that denial of visitation would harm the child, and affirmed that the grandparents met this burden, thereby reversing the Appellate Division and reinstating the trial court’s visitation order. Justice Verniero, dissenting in part, argued that the burden should be clear and convincing evidence.