Joseph C. Noto, a Bergen County divorce lawyer, wants a mother to know that the NJ state Supreme Court has put its foot down against automatically divesting a woman of custody of her newborn child due to evidence she used drugs during pregnancy. Without evidence that the child has been harmed or is in imminent danger or at substantial risk of harm, there is no basis for a finding of abuse and neglect under Title 9, the unanimous court held Wednesday in DYFS v. A.L., A-28-11. The relevant section, N.J.S.A. 9:6-8.21(c)(4)(b), cannot be used to protect a fetus since it was clearly written by the Legislature to protect children only after they are born, the court said.
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Contact Joe Noto For A…NJ Divorce, Divorce Mediation, or NJ Collaborative Divorce
(By appointment only)
Wyckoff, Bergen CountyJoseph C. Noto, Esq.
260 Godwin Avenue
Wyckoff, New Jersey 07481
Hackensack, Bergen CountyJoseph C. Noto, Esq.
335A Main Street
Hackensack, NJ 07601
Verona, Essex CountyJoseph C. Noto, Esq.
155 Pompton Ave., Suite 206
Verona, NJ 07044
Totowa, Passaic CountyAt the law offices of Robert B. Cherry 195 Route 46 West Suite 6 Totowa, NJ 07512
Call 201-847-0814Schedule your NJ divorce mediation or collaborative divorce FREE introductory consultation.
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"The secret of health for both mind and body is not to mourn for the past, worry about the future, or anticipate troubles, but to live in the present moment wisely and earnestly."