Supreme Court of New Jersey

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

July 14, 2003177 N.J. 84

Summary

The New Jersey Supreme Court held that the Grandparent Visitation Statute is constitutional but requires grandparents to prove by a preponderance of the evidence that denying visitation would harm the child, thereby allowing the trial court's visitation order. The Court reversed the Appellate Division and reinstated the trial court's order. Justice Verniero concurred in part and dissented in part, arguing for a clear‑and‑convincing‑evidence burden.