New Jersey Kinship Legal Guardianship

N.J.S.A. 3B:12A-6 Appointment of caregiver as kinship legal guardian

New Jersey Courts can appoint a child’s caregiver the legal guardian of that child.

http://www.lsnj.org/keyRecentDevelopments/KinshipLegalGuardianship2.htm

http://www.kidlaw.org/admin.asp?uri=2081&action=15&di=969&ext=pdf&view=yes

N.J.S.A. 3B:12A-6(a) Appointment of caregiver as kinship legal guardian

The Court makes the following considerations when determining whether to appoint the caregiver as kinship legal guardian:

(1) was proper notice provided to the child’s parents;
(2) is the appointment in the best interests of the child;
(3) the kinship caregiver assessment;
(4) in cases in which the division is involved, the recommendation of the division, including any parenting time or visitation restrictions;
(5) the potential kinship legal guardian’s ability to provide a safe and permanent home for the child;
(6) the wishes of the child’s parents, if known to the court;
(7) the wishes of the child if the child is 12 years of age or older, unless unique circumstances exist that make the child’s age irrelevant;
(8) the suitability of the kinship caregiver and the caregiver’s family to raise the child;
(9) the ability of the kinship caregiver to assume full legal responsibility for the child;
(10) the commitment of the kinship caregiver and the caregiver’s family to raise the child to adulthood;
(11) the results from the child abuse record check conducted pursuant; and

(12) the results from the criminal history record background check and domestic violence check conducted…

http://www.kidlaw.org/main.asp?uri=1003&di=44.htm&dt=0&chi=1&empt=yes

http://www.spannj.org/Family2Family/kincarenj.pdf