NJSBA Family Law Section

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  • 1.  Not a conflict, I hope? Parents & grandparents joining

    Posted 02-19-2019 04:50 PM
    I represent dad. His parents have been super-involved in raising his son since the child was an infant.

    For a long list of reasons, we need to join his parents to the FD action.

    There's no actual conflict between them, but, procedurally, dad needs to be a defendant if it's a grandparents' visitation action. Can dad waive this "conflict"?

    Or, alternatively, can his parents ask to join without citing the grandparents' visitation statute, asserting that they're psychological parents to the child along with dad? Would that avoid any conflict?


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    David Perry Davis, Esq.
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  • 2.  RE: Not a conflict, I hope? Parents & grandparents joining

    Posted 02-19-2019 04:54 PM
    I'd refer that one out - I don't think that's a conflict that can be waived.  Send the grandparents to friendly counsel and everybody will (hopefully) work together.  The positions are inherently and technically adversarial, so I wouldn't be comfortable representing both parties.

    Gregory B. Thomlison, Esq.
    Matthew R. Abatemarco, Esq., LLC
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  • 3.  RE: Not a conflict, I hope? Parents & grandparents joining

    Posted 02-19-2019 04:56 PM

    grandparents should have separate counsel.

    you would plead pyschological parent and grandparents statute.

     

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