IN THE MATTER OF THE ADOPTION OF A CHILD BY C.J. (FA-08-0012-17, GLOUCESTER COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (A-2593-17T4)
In this appeal from a contested private adoption matter, the court reversed the termination of the biological mother's parental rights and vacated the judgment of adoption in favor of the child's stepmother. The court held the evidence did not support the finding that the biological mother had failed to affirmatively assume the duties of a parent, and found error in the trial court's reliance upon the biological mother's child support arrears as proof of intentional abandonment of financial obligations. Further, the court held the trial court impermissibly shifted the burden of proof, relied on hearsay, and erroneously imported the "best interest" standard applicable to Title 30 guardianship proceedings.