The policy in our State is not to remove children from less capable parents for the purpose of placing them with more capable parents, those with more economic resources, nor those who are better educated


Law Lessons from In The Matter of the Adoption of a Child By J.E.V. and D.G.V., __ N.J. Super. __ (App. Div. 2015), Docket No. A-3238-13T3, October 13, 2015:

The policy in our State is not to remove children from less capable parents for the purpose of placing them with more capable parents, those with more economic resources, nor those who are better educated. See G.P.B., supra, 161 N.J. at 404; J.D.S., supra, 353 N.J. Super. at 394. The polestar inquiry “is not whether the child would be better off with the adoptive parent, but whether the biological parent has failed to fulfill his or her duties.” G.P.B., supra, 161 N.J. at 413; see P.S., supra, 315 N.J. Super. at 110 (“[T]ermination based upon the child’s `best interest’. . . does not mean that termination is appropriate just because the child `might be better off’ with the foster or prospective adoptive parents.”).

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