NJSBA Family Law Section

 View Only

  • 1.  Out-of-State Termination of Parental Rights- Binding in NJ?

    Posted 12-16-2015 12:09 PM

    Question: Is NJ required to give full faith and credit to a August 2010 South Carolina Order terminating Mother's parental rights of a minor child?

    Facts: I represent the paternal grandparents of a 10 year old girl, who have been raising the child in NJ since a October 2014 incident wherein the biological father physically harmed and abandoned the child. Father resides in NJ and has made no efforts since the Oct 2014 incident to resume contact with the child.

    Child was previously abandoned by the biological mother in South Carolina in January 2008. An August 2010 Order entered in South Carolina terminated the parental rights of both biological parents. Father appealed and the TPR Order was reversed in South Carolina with respect to him only. Mother was in default and never appeared in the South Carolina action.

    Grandparents filed a Complaint for Custody (and child support) in NJ in August 2015.  Mother recently appeared out of nowhere and filed a Cross-Complaint for Custody in the NJ action (She was apparently notified by Father).  Grandparents and Father reside in NJ. Mother still resides in SC.

    Mother has not had any contact with the child since January 2008, and she never appealed the August 2010 Order in South Carolina terminating her parental rights.

    If anyone can cite any caselaw, it would be greatly appreciated. TIA!

    ------------------------------
    Blake Rush Esq.
    Easton PA
    (610)258-4003
    ------------------------------


  • 2.  RE: Out-of-State Termination of Parental Rights- Binding in NJ?

    Posted 12-16-2015 06:12 PM

    The only basis for not granting full faith and credit as far as I know is whether the SC Order violated the 14th Amendment guarantying due process. Assuming that the SC Order terminating her rights issued after providing her with notice and an opportunity to be heard, the SC Order should be sufficient. However, terminating parental rights is the ultimate step and Courts are generally reluctant to enforce them if the biological parent can show meaningful progress in terms of whatever it was that caused the abandonment in the first place. But, Courts always look to the best interests of the child and it would appear that in your case, the child has probably bonded with your clients and its like the engine that is humming and doesn't need fixing.

    On balance, I would urge the SC order but be prepared to fight the matter in terms of how the child is doing now with the grand parents. As a grandparent myself, I am of the belief that (sometimes) we older folk make better parents than the actual parents – but that is a personal bias.

    Good luck.

    Gerry Skey

     

    Please make a note that my telephone and fax numbers have changed as indicated below.

     

    W. S. Gerald Skey, Esq.

    Law Offices of W. S. Gerald Skey, Esq.

    Princeton Commerce Center, Suite G-60

    29 Emmons Drive

    Princeton, New Jersey 08540

    Phone (609) 436-5222

    Fax (609) 228-5242

    www.skeylaw.com

     

    This e-mail and any attachment(s) are private, confidential, may be legally privileged, and are intended only for the named recipient.  If you are not the named recipient, you must not review, convert, copy, use or disseminate this e-mail or any attachment(s).  Plese notify us by return e-mail and delete this message.  If this e-mail contains a forwarded message or is a reply to a prior message, some or all of its contents or any attachment(s) may not have been produced by this Office.  IRS CIRCULAR 230 DISCLOSURE:  To ensure compliance with IRS requirements, we inform you that any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, (i) for the purpose of avoiding tax penalites that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnerhip or other entity, investment plan, arrangement or other transaction addressed herein.

     




    Original Message