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DYFS Cases in Superior Court
DYFS Cases in Superior Court
When most people think of DYFS cases in New Jersey, they think of DYFS cases in Superior Court. Each county in New Jersey has one Superior Court where a number of matters are heard including DYFS matters. There are three types of cases that people usually call our lawyers about. They are:
These cases are brought under an FN docket number. Even if DYFS did not take custody of your child, it doesn’t mean that they won’t at some point in the case. They can amend the complaint any time to move for custody of your child. All DYFS matters both in court and out of court should be treated seriously. With custody cases, the parents generally have one year to get the children back. If they fail to do so and if DYFS wins the permanency hearing, they will change the plan and move for termination of parental rights. The case then turns into a guardianship action under an FG docket number.
There are two types of guardianship actions in New Jersey: Kinship Legal Guardianship and Termination of Parental Rights. Kinship Legal Guardianship (otherwise known as “KLG”) is an option that is somewhere between temporary custody and adoption. A person who has KLG of a child has more rights to the child than if he just had temporary custody of the child, and less rights than if he adopted the child. Thus, a KLG arrangement allows the parent to some parental rights. For example, you may have visits with your child and have the right to refuse to allow your child to be adopted or to change his name. With termination of parental rights, you lose all rights. You will essentially be a stranger to the child.
If you are facing any DYFS matter in any court in New Jersey, call us right away.
Client hires us just in time
Client’s son was accused of molesting a cousin. The cousin was staying in her house because of another family member’s DYFS case. The mother of the alleged victim made the allegations directly to my client but other than that, everything was quiet for a few days. She was really on the fence about hiring us since it seemed like nothing may happen. After much debate, she decided to hire us.
Within 48 hours, she received calls from DYFS and the Prosecutor’s Office. I fielded the call from the Detective of course. After explaining our position to him, I was able to get them to close their investigation and send the case back to DYFS. I also alerted the child’s school that no one should be interviewing the child. Needless to say, the client is very relieved that we were in her corner ahead of time rather than having to try to get us on board after those calls.
Parents get more parenting time
As an example of how quickly we can move, I was in a new case on Friday. The client had hired me only a week before. Due to drug use by the parents and child abuse, this case may be quite difficult going forward. As always, I came out guns blazing. As a result, I was able to double the parenting time the parents are entitled to. Not bad for a week’s worth of work. This could case become very interesting as the abuse allegations may not be accurate. However, the hospital may want to avoid a lawsuit.
NJ DYFS Lawyers 