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Parents have a constitutionally protected right to maintain a relationship with their children; however, that right is not absolute, and must be balanced against the State’s responsibility to protect the welfare of children
9 Nov 2011, 2:55 pm by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
At the conclusion of the Division’s proofs, the parent is entitled to move for a dismissal of the action or of any claim on the ground that upon the facts and upon the law the Division has shown no right to relief
28 Aug 2012, 9:35 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The fact-finding hearing is a critical element of the abuse and neglect process; the judge’s determination, therefore, must be based on competent reliable evidence
14 Apr 2010, 6:55 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When an expert is not produced as a witness, his or her expert opinion must be excluded, even if contained in a business record, unless the trial judge makes specific findings regarding trustworthiness
27 Jul 2012, 9:43 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A direct appeal will not be from a judgment by default
15 Nov 2010, 1:29 pm by PaulKostro
Div. of Youth & Family Servs. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Whether a parent or guardian has failed to exercise a minimum degree of care in protecting a child is determined on a case-by-case basis and analyzed in light of the dangers and risks associated with the situation
15 Apr 2010, 8:51 am by PaulKostro
” Division of Youth and Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where other-crime evidence tends to make the existence of a material fact reasonably likely, it is admissible subject to the probative/prejudice balancing
5 Aug 2010, 12:04 pm by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In most default cases, the matter should proceed to a plenary hearing where defendants’ counsel and the law guardian shall have an opportunity to cross-examine DYFS’s witnesses
27 Jul 2012, 9:40 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A parent’s conduct must be evaluated in context based on the risks posed by the situation
28 Aug 2012, 9:38 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A motion judge should not permit attorneys to make material factual representations in lieu of sworn testimony from witnesses or other competent evidence
19 Nov 2011, 7:54 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The State must provide the parents with fundamentally fair procedures before a parent’s rights are terminated
27 Jul 2012, 9:35 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Generally, a trial court should not grant summary judgment when discovery on material issues is incomplete
15 Jun 2012, 2:30 pm by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Appellate court’s review of a motion to modify alimony and child support
4 Apr 2011, 3:05 pm by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
There is a two-step hearing process for adjudicating contested cases of abuse or neglect
5 Feb 2010, 3:36 pm by PaulKostro
Div. of Youth and Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a parent is seeking to vacate a judgment of guardianship, the parent must present evidence of changed circumstances, and the best interests of the child must be considered
21 Jul 2010, 8:43 am by PaulKostro
” Ibid.; see also Division of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
NJ Appeal Update - DYFS Cases (Corporal Punishment - Child Abuse)
8 Dec 2009, 4:10 am by Anthony J. Vecchio
Div. of Youth and Family Servs. v. [read post]
New Jersey Criminal Defense Attorney Blog - http://www.newjerseycriminaldefenseattorneyblog.com/
The doctrine of invited error operates to bar a disappointed litigant from arguing on appeal that an adverse decision below was the product of error, when that party urged the lower court to adopt the proposition now alleged to be error
31 Mar 2010, 3:05 pm by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Failures to file responsive pleadings or to appear when required to litigate the matter are straightforward examples of when default is properly entered
27 Jul 2012, 9:37 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The law does not prohibit the use of corporal punishment; the law prohibits the infliction of excessive corporal punishment
2 Jun 2010, 10:10 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A relationship between a child and parent should be curtailed by the court only when in the child’s best interests and not as a means to punish a parent or coerce a parent’s compliance with a court order
23 May 2012, 9:52 am by PaulKostro
Div. 1993) (Kestin, J., concurring)); see also New Jersey Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues