Legal Question in Elder Law in New Jersey

GP Visit recently upheld now in jeopardy again

July 12 I lost GP rights to see new born grandson my daughter had. Old visitation (1995) order with granddaughter (different Father) now 15 was upheld. Now notified Nov 4 of motion to vacate by free lawyer of daughter.July thru Nov is a very short period for newly upheld order to be questioned --isn't it? GD is being made to get a job by Mom and said she doesn't want to visit & doesn't have the time now. She is frightened of being given away as her 14 yr brother was. Judge said order was fine in July--isn't there a time limit on this. I don't have free legal like daughter. Low income widow. Should I just give up and just let it go.GD listed that I said nasty things which wasn't true.Said it takes time from social & family life. So would job and isn't GM Family?Isn't there time limit to stop this harassment of repeated court visits? How often can she force me to appear in court?


Asked on 10/10/04, 1:19 pm

1 Answer from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: GP Visit recently upheld now in jeopardy again

It sounds as if there is a great deal of conflict between you, your daughter, and your granddaughter, which is unfortunate.

A Motion to Vacate an existing Order is a motion seeking to strike it. Usually, a Motion to Vacate must be filed within a reasonably short time after the Order it seeks to vacate has been enacted.

Your granddaughter is a 15 year old teenager, who has expressed to you that she does not want to be forced to have visitation with you.

You claim your granddaughter has falsely accused you of saying "nasty things."

Legal proceedings can only accomplish a limited range of objectives. They cannot create close emotional ties where those ties are lacking.

Why are you trying to force your 15-year old granddaughter to have regular contact with you, when she has clearly expressed that she does not desire to have such contact?

You are making yourself the "enemy" here. Look at it from her point of view--"Grandma is trying to use the court system to force me to spend time with her, and I don't want to."

Do you seriously think, even if you could get a judge to rule in your favor, that forcing your adolescent granddaughter to have unwanted contact with you would result in a better relationship with her, whether short-term or long-term?

I will suggest another approach: write a nice letter to your granddaughter, tell her how much you love her, apologize for trying to force her to spend time with you, but let her know you would still like to maintain contact with her, on a purely voluntary basis, and that you will always be there for her, in case she ever needs you.

That might work better than the approach of trying to force your granddaughter to do something she doesn't want to do.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 10/11/04, 9:09 am


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