Category: Parental Rights

When terminating parental rights, the court focuses on the child’s best interests

Although the best interests of the child standard is used for various family law determinations involving the child’s well-being, it is not a factor in defining parenthood under the Parentage Act

Simply because a child bears a person’s last name holds no weight in the determination of legal parentage

A trial court does not have the jurisdiction to create a new recognition of legal parentage other than that which already exists — genetic contribution, adoption, or gestational primacy

Contact authorized by an order of the Family Part in a child abuse/neglect case

A parent may lose his or her right to intestate succession if the parent abandoned the decedent when he or she was a minor

Before a State may sever completely and irrevocably the rights of parents in their natural child, due process requires that the State support its allegations by at least clear and convincing evidence

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

The termination of parental rights by State action is of constitutional magnitude, and parents unquestionably have the right to counsel when the State moves to terminate parental rights

A parent defending against the State’s action seeking to terminate his or her parental rights has the right to effective counsel

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