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S.M. v. S.J.

143 N.J. Super. 379 (1976)

363 A.2d 353

S.M., PLAINTIFF, v. S.J., DEFENDANT.

Superior Court of New Jersey, Chancery Division (Matrimonial).

Decided July 28, 1976.

Attorney(s) appearing for the Case

Mr. Reginald A. Jennings for plaintiff (Messrs. Pickett & Jennings, attorneys).

Mr. Saul Cohen for defendant.

GRIFFIN, J.S.C.

Absent a showing that the natural parent is unfit, or has abandoned the child, does the court have the right to award custody of a child to a stranger when it is in the child's best interests?

There does not seem to be any case in New Jersey squarely answering this question. Other states are divided. See 59 Am. Jur.2d, Parent & Child, § 25 at 110.

The facts are...

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