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NEW JERSEY DYFS v. I.S.

A-74 September Term 2008.

996 A.2d 986 (2010)

202 N.J. 145

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff, v. I.S., Defendant. In the Matter of the Guardianship of R.A., Jr., a minor. New Jersey Division of Youth and Family Services, Plaintiff-Respondent, v. C.M., Defendant-Appellant. In the Matter of the Guardianship of R.A., Jr., Minor-Respondent.

Supreme Court of New Jersey.

Re-argued April 26, 2010.

Decided June 1, 2010.

Attorney(s) appearing for the Case

Beatrix W. Shear, Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender Parental Representation, attorney; Ms. Shear and Evelyn F. Garcia, Designated Counsel, on the briefs).

Noel C. Devlin, Assistant Deputy Public Defender, argued the cause for respondent R.A. Jr. (Yvonne Smith Segars, Public Defender, Law Guardian, attorney).

Ann Avram Huber, Deputy Attorney General, argued the cause for respondent New Jersey Division of Youth and Family Services (Anne Milgram, Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Ms. Huber and Carla M. Silva, Deputy Attorney General, on the briefs).

Mary M. McManus-Smith, argued the cause for amicus curiae Legal Services of New Jersey (Melville D. Miller, Jr., President, attorney; Ms. McManus-Smith, Mr. Miller, Diana Dunker, and Jeyanthi C. Rajaraman, on the brief).

Mary E. Coogan, submitted a brief on behalf of amicus curiae Association for Children of New Jersey.

Justice RIVERA-SOTO delivered the opinion of the Court.

In this case, a father was ordered to forfeit his parental rights to his natural son because he did not rush forward quickly enough, in the trial court's and Appellate Division's view, to take on fully and solely the care and custody of that child. The record demonstrates that the revelation that he had an out-of-wedlock child rocked his stable and successful marriage. Faced with the nearly impossible choice...

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