Supreme Court of New Jersey

New Jersey Division of Youth and Family Services, Plaintiff-Respondent v. L.L., Defendant-Appellant. in the Matter…

February 24, 2010201 N.J. 210

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that under N.J.S.A. 3B:12A-6(f) a parent seeking to vacate a kinship legal guardianship must prove by clear and convincing evidence both that the parent has overcome the incapacity that led to the original guardianship and that termination is in the child’s best interest, and that the moving party bears the burden of proof.