Category: Parental Rights

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

A lack of communication or planning that is not the fault of the parent does not equate with parental unfitness, nor does it constitute abandonment for statutory purposes

due process requires that a parent charged with abuse or neglect have adequate notice and an opportunity to prepare and respond

The Indian Child Welfare Act of 1978

A decision that permits a minor child to assume the mother’s maiden surname may only be reached after the court has ensured there has been compliance with the requisite procedural requirements for seeking such relief and affording the opposing party a full opportunity to challenge the allegations supporting the application

Guardianship proceedings are civil in nature and therefore the requirements of due process do not confer a constitutional right of confrontation or mandate a parent’s presence at the trial

The New Jersey Legislature has recognized that biology is not always controlling in the area of parentage and has created statutory exceptions to the presumption that the biological father has parental rights in the area of artificial insemination

The parental rights of a parent can only be terminated by consent when accompanied by the adoption of the child by another

Parents do not cede their rights as a parent by taking advantage of the assistance of relatives

An infertile man is the father of a child born to his artificially inseminated wife; however, the infertile wife is not the legal mother of her husband’s biological child born to a gestational carrier

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