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Grandparents seeking visitation under N.J.S.A. 9:2-7.1 over a parental objection must establish that denying visitation would wreak a particular identifiable harm, specific to the child, to justify interference with a parent's fundamental due process right to raise a child free from judicial interference; since plaintiff-paternal grandparents failed to establish by a preponderance of the evidence that harm will inure to the child if she did not visit them, the order directing visitation is reversed.
February 28, 2005 at 12:00 AM
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The original version of this story was published on New Jersey Law Journal
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