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Wednesday, June 27, 2012

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES VS. D.S.H AND W.W. // IN THE MATTER OF THE GUARDIANSHIP OF R.S.H. A-5723-10T1


NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES VS. D.S.H AND W.W. // IN THE MATTER OF THE GUARDIANSHIP OF R.S.H.
 A-5723-10T1

We reverse the termination of the mother's parental rights to her eight-year-old daughter, Rachel.  Although the mother’s estranged husband was dismissed from the litigation when a paternity test ruled him out as Rachel's biological father, we determine that he remains Rachel's legal father.  Thus it is not necessary to terminate the mother's parental rights to
facilitate an adoption by her estranged husband.  We view this decision as mandated by precedent and beneficial to all concerned. 4-12-12