On appeal from the Superior Court of New Jersey, Chancery Division - Family Part, Passaic County, FD-16-2072-05.
The opinion of the court was delivered by: Axelrad, J.T.C. (temporarily assigned).
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted: January 17, 2007
Before Judges Coburn, Axelrad and Gilroy.
Defendant Roseann Rente, the mother of now three-and-one-half-year-old Joseph, appeals from an order of the Family Part entered on October 7, 2005, granting plaintiffs Barbara and Louis Rente, the paternal grandparents, visitation of Joseph.
Defendant also appeals from the order of December 16, 2005, denying her motion for reconsideration and consolidation of the grandparent visitation action with defendant's then-pending divorce proceeding with plaintiffs' son Daniel.
Defendant asserts the following arguments on appeal:
POINT I THE PLAINTIFFS FAILED TO MAKE ANY EFFORTS TO RESOLVE THEIR DIFFERENCES WITH THE DEFENDANT BEFORE FILING SUIT.
POINT II THE PLAINTIFFS FAILED TO ESTABLISH A RELATIONSHIP WITH THE CHILD AND THEREFORE DO NOT COME UNDER THE GVS.
POINTS III, IV & V THE TRIAL JUDGE ERRED IN GRANTING UNSUPERVISED VISITATION TO PLAINTIFFS OVER THE MOTHER'S OBJECTION BECAUSE THEY WERE UNABLE TO DEMONSTRATE BY A PREPONDERANCE OF THE EVIDENCE THAT THE CHILD WOULD SUFFER ANY HARM IF VISITATION WAS DENIED.
POINT VI FACTOR NUMBER EIGHT OF THE NEW JERSEY STATUTE CONTRAVENES THE LOGIC OF TROXEL AND IS UNCONSTITUTIONAL.
POINT VII THE TRIAL JUDGE ERRED BY FAILING TO CONSOLIDATE THE DIVORCE PROCEEDING WITH THE ...