New Jersey Family Law

BERGEN COUNTY DIVORCE LAWYER

The New Jersey divorce judge correctly denied the father's motion to terminate the services of a Guardian Ad Litem, and required him pay his 60% share of the GAL's fees, pending her preparation of a report to the court on the child's psychological and physical status, and her recommendation as to the best interests of the child. Even though the father indicated he would withdraw his request for a change of custody, thereby (he hoped) obviating the necessity for the GAL, the judge correctly denied the application in this highly contentious, longstanding matter, where the very troubled teen-age child had attempted suicide. Karmakar v. Mallick, etc., New Jersey App. Div., December 12, 2006

NEW JERSEY GUARDIANSHIP

Appointment of kinship legal guardians for the defendant mother’s daughter affirmed. The mother sought to have the daughter’s maternal grandparents appointed as kinship legal guardians, but the trial court instead appointed the parents of the man whom the mother initially had identified as the daughter’s father. Although it was later revealed the man was not the daughter’s father, she had formed a "strong emotional bond" with his parents.  The Kinship Legal Guardian Act does not indicate a preference for placement with relatives, but it expressly provides for the appointment of a "caregiver" as the kinship legal guardian. The man’s parents met the statutory definition of "caregiver" and there was no basis to disturb the trial court’s conclusion.   New Jersey DYFS v. D.K., New Jersey App. Div., September 25, 2006