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TORTORICE v. VANARTSDALEN

No. A-4260-09T1

27 A.3d 1247 (2011)

422 N.J. Super. 242

Samuel TORTORICE and Lorraine Tortorice, Plaintiffs-Respondents, v. Lynne VANARTSDALEN, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided September 30, 2011.

Attorney(s) appearing for the Case

Susan A. Lowden argued the cause for appellant.

Michael P. Albano Runnemede, argued the cause for respondent (Ragonese, Albano & Viola, LLC, attorneys; Mr. Albano, on the brief).

Before Judges PARRILLO, YANNOTTI and ESPINOSA.

The opinion of the court was delivered by

ESPINOSA, J.A.D.

This visitation dispute arises between plaintiffs, the child's paternal grandparents, and defendant, the child's maternal grandmother. Because a fit parent has a fundamental right to autonomy in child-rearing decisions, a grandparent who seeks a visitation order must show that visitation is necessary to avoid harm to the child. Defendant argues that because she is the child's "psychological parent...

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