06-20-11 J.M.S. AND G.S. AND S.S. VS. J.W. AND E.W. A-0938-10T3
Plaintiffs are the paternal grandparents of two children adopted by defendants. This appeal requires us to consider plaintiffs' request for grandparent visitation where (1) plaintiffs were the children's temporary foster parents for almost two years; (2) the children were later adopted by defendants who are relatives of the children's mother; and (3) defendants afforded plaintiffs visitation for two years following the adoptions and then terminated visitation for personal reasons. We conclude that the Adoption Act, N.J.S.A. 9:3-38 to -56, does not bar plaintiffs from seeking visitation under the grandparent visitation statute, N.J.S.A. 9:2-71, as the motion judge found largely in reliance upon In re Adoption of a Child by W.P., 163 N.J. 158 (2000). W.P. addressed the issue of grandparent visitation in the context of a nonrelative adoption and, therefore, is not dispositive of plaintiffs' claims. We therefore reverse the order granting summary judgment to defendants dismissing plaintiffs' complaint and remand for further proceedings.
