In Re the Adoption of a Child by W.P.

748 A.2d 515, 163 N.J. 158, 2000 N.J. LEXIS 360
CourtSupreme Court of New Jersey
DecidedApril 6, 2000
StatusPublished
Cited by60 cases

This text of 748 A.2d 515 (In Re the Adoption of a Child by W.P.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Adoption of a Child by W.P., 748 A.2d 515, 163 N.J. 158, 2000 N.J. LEXIS 360 (N.J. 2000).

Opinions

The opinion of the Court was delivered by

GARIBALDI, J.

The issue in this appeal is whether pursuant to N.J.S.A. 9:2-7.1 (the “Grandparent Visitation Statute”), grandparental visitation by a child’s biological grandparents can be enforced over the objections of nonrelative adoptive parents. To resolve that issue, we must determine whether an award of visitation under the Grandparent Visitation Statute conflicts with the public policy of the New Jersey Adoption Act, N.J.S.A. 9:3-37 to -56 (the “Adoption Act”), when a child is adopted by a nonrelative intact family.

I.

V was born on August 11, 1994, to unmarried parents JH and TS. When V was six months old, JH placed her with nonrelatives WP and MP (the “adoptive parents,” or “petitioners”). TS, the child’s biological father, was incarcerated at that time. JH executed a consent for Vs adoption and her parental rights ■ were terminated.

[161]*161The prospective adoptive parents filed a eomplaint for adoption. TS filed a formal answer objecting to the adoption on May 2,1995. His parents, KS and MS (the “grandparents” or “respondents”), filed an application to intervene to obtain custody of V, to permit grandparental visitation, and to permit them to file a complaint for the adoption of V. The court granted the grandparents the right to intervene on the issues of grandparent visitation and custody if the adoption was not granted. However, their application to adopt was denied. In July 1995, TS was released from prison. He resided with his parents and worked for his father. On September 15, 1995, TS was granted visitation rights, and an order was entered allowing his parents to accompany him during his visitations. The order later was amended to make the grandparents’ presence at TS’s visitations mandatory. In January 1996, TS was arrested again, this time for possession and theft of handguns from his father’s home. As a result of that action, TS’s parents obtained a Final Restraining Order against him under the Domestic Violence Law.

Ultimately, TS’s parental rights were terminated by court order over his objection. TS’s appeal from that order was denied by the Appellate Division. In re Adoption of a Child by W.P. and M.P., 308 N.J.Super. 376, 387, 706 A.2d 198 (App.Div.1998). The panel found that the record supported the court’s conclusion that TS was unfit to act in a parental role and that continuation of TS’s parental relationship would place V in substantial jeopardy. It noted TS’s “chronic addiction to drugs,” that he “has lived a life of crime,” and that his “life has been punctuated by lengthy periods of incarceration.” Id. at 386, 706 A.2d 198. It further observed, “TS’s volatile relationship with his parents would place him in conflict concerning issues of child care, and thus their ability to assist in raising [V] would inevitably be subverted.” Id. at 387, 706 A. 2d 198 (emphasis added).

An adoption hearing was held in March 1998. By order dated April 1, 1998, the court directed that visitation by the grandparents on the third Sunday of every month was to continue. The [162]*162order also directed the adoptive parents and the grandparents to submit briefs on whether visitation should continue following the final order of adoption.

On April, 1, 1998, the trial court entered a Final Judgment of Adoption that provided in part:

3. The entry of this Judgment of Adoption shall terminate all relationships between the child and the birth mother, [JH], and putative father, [TS], as well as all rights, duties, and obligations of any person founded on those relationships, including the rights of inheritance under the laws of intestacy of the State of New Jersey except for any rights which may have vested prior to the entry of this judgment; and
4. The entry of this Judgment shall establish the same relationships, rights, duties, and obligations between the child and the adopting parents as if the child was born to the adopting parents in lawful marriage, including all rights of inheritance under the laws of intestacy.

Subsequently, in an unpublished opinion, the trial court found that the Grandparent Visitation Statute was constitutional even as applied to “intact” families. The court also held that the Grandparent Visitation Statute and the Adoption Act were not inherently in conflict. Instead, the court found that when parental rights have been terminated, the statutory scheme required an assessment of continued grandparental visitation on a case-by-case basis, with the best interests of the child being the determining factor.

Given the existing relationship between the grandparents and V, the trial court held that there should be a hearing to afford the grandparents an opportunity to demonstrate that continued visitation will be in Ws best interest pursuant to the factors enumerated in the Grandparent Visitation Statute. On October 29, 1998, the court entered an order continuing the ongoing visitation and scheduling a hearing for December 3, 1998, on the issue of what grandparental visitation, if any, should be ordered.

The adoptive parents filed a motion for leave to appeal that order, which the Appellate Division granted. In an unpublished opinion, the panel concluded that the interlocutory appeal had been improvidently granted. The panel determined that a ruling on the interplay between the Grandparent Visitation Statute and the Adoption Act would benefit from the best interests hearing [163]*163called for by the trial court. Nonetheless, the Appellate Division offered numerous observations and tentative conclusions. Among them was the court’s conclusion that the Adoption Act implicitly contemplates rights of post-adoption visitation by the biological family members.

We granted the adoptive parents’ motion for leave to file within time and their motion for leave to appeal. 161 N.J. 328, 736 A.2d 522 (1999).

II.

We view this appeal as a question of statutory interpretation of the Grandparent Visitation Statute and the Adoption Act, as applied to the rights of biological grandparents who seek visitation over the objections of nonrelative adoptive parents following the termination of the parental rights of the child’s biological parents, either by consent or by court order. We conclude that such cases present an inherent conflict between the two statutes and find that the overriding public policy and statutory law regarding adoptions preclude the application of the Grandparent Visitation Statute when the child is adopted by intact, nonrelative adoptive parents. Because we decide this case on statutory grounds, we do not address the constitutional argument raised by the parties.

A. The Grandparent Visitation Statute

In 1972, the New Jersey Legislature enacted its first version of the Grandparent Visitation Statute. N.J.SA 9:2-7.1 (L. 1971, c. 420, § 1, effective Feb. 1, 1972). The Visitation Statute, amended in 1973, afforded standing to grandparents to seek visitation only when “either or both of the parents of a minor child ... is or are deceased, or divorced or living separate and apart in different habitats----” N.J.SA 9:2-71 (as amended by L. 1973, c. 100, § 1). The Statute was subsequently amended again in 1987 to allow siblings to apply for visitation with the child. N.J.S.A. 9:2-7.1 (as amended by L. 1987, c. 363, § 2).

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Cite This Page — Counsel Stack

Bluebook (online)
748 A.2d 515, 163 N.J. 158, 2000 N.J. LEXIS 360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-adoption-of-a-child-by-wp-nj-2000.