Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

R.K. v. A.J.B.

April 7, 1995

R.K. AND L.K., (MATERNAL GRANDPARENTS OF MINOR CHILD, S.B.B.), PLAINTIFFS,
v.
A.J.B., (LEGAL FATHER OF MINOR CHILD, S.B.B.), AND H.B., (THE STEPMOTHER OF MINOR CHILD, S.B.B.), DEFENDANTS. IN THE MATTER OF THE ADOPTION OF A CHILD BY H.B.



Clarkson S. Fisher, Jr., J.s.c.

The opinion of the court was delivered by: Fisher

OPINION

CLARKSON S. FISHER, JR., J.S.C.

I

THE ISSUE

To what extent are grandparents permitted to participate in an adoption action commenced by the child's stepparent? Nothing definitive has been said by either our courts or Legislature on this subject. *fn1 This unsettling problem arises frequently and was initiated in this case by the filing of a motion to consolidate the maternal grandparents' visitation action with the stepparent's adoption action.

II

THE FACTS

R.K. and L.K. ("the grandparents") were the parents of S.B., who was married to A.J.B. in 1982; on January 3, 1990, S.B. and A.J.B. adopted a one-day old child who became known as S.B.B. ("the child"). The child is now five years old.

Tragically, S.B. died on August 17, 1993. On November 12, 1994, A.J.B. married H.B.; H.B. now seeks to adopt the child.

III

THE APPLICATION

The grandparents seek an order confirming their claimed visitation rights, H.B. seeks to adopt the child, and the grandparents seek to consolidate both actions.

While the adoption and grandparent visitation statutes have been frequently revised, it remains unassailable that an adoption by a stepparent cannot, standing alone, extinguish a grandparent's statutory right to visitation. *fn2 Mimkon v. Ford, 66 N.J. 426, 332 A.2d 199 (1975). It initially appeared from the motion papers that an order of consolidation was sought by the grandparents to avoid destruction of their visitation rights. At oral argument, however, A.J.B. and H.B. agreed ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.