Kinship Legal Guardianship in New Jersey

Kinship Legal Guardianship (KLG) in New Jersey, is a process whereby a maternal or paternal relative of a child assumes long term care of the child as an alternative to adoption.  KLG does not necessarily terminate parental rights.  The biological parent maintains the right of consent to adoption or name change, pays child support and is entitled to visitation, usually supervised.  The child does not sacrifice any rights derived from the birth parent such as inheritance or insurance eligibility. 

KLG, is initially a permanent arrangement and not intended to be easily resolved.  However, KLG can be used as a temporary measure to allow biological parents to overcome incapacity to care for a child.  Most children want to be reunited with their parents.  However, as with all matters concerning children, and irrespective of the circumstances, the courts will rule in favor of what is best for the child based on "clear and convincing evidence".  If a parent, whose child was removed due to physical abuse, neglect, substance abuse, arrest, violence or any other misconduct, intends to pursue custody of their child, there has been a unanimous decision, affirmed by all seven justices and written by Justice John Wallace, that the burden of proof for terminating such KLG arrangements is with the moving party. (biological parent)

Who wins in these situations?  Children are negatively impacted with any interruption in home life.  Moving from a parent's home to a relative's home, no matter the circumstances, interferes with academic progress, social life and certainly emotional well being.  Readjusting to a new environment is difficult for anyone, imagine being a child and having to accomodate the adult world around you.  Having relatives argue over who is to care for a child, who is financially responsible for a child, who is equipped to best take care of the child, will leave the child with lifelong self esteem issues - the child's mind barely understands the conflict and only wants to be with their parent.  On the other hand, these angels (KLG) who step up to the responsibility of raising someone else's children are a large part of our population today and everyone involved in chiild welfare needs to support their efforts and sacrifices.  This is the next generation they are taking care of - the next biochemist, the next NASA engineer or the next President. 

One sad note, is the grand parent or aunt or uncle, who spends their time and energy to raise a "relative's" child, only to later find out that there is no real biological relationship.  If you have a doubt about the paternity of the child you are being asked to care for, call your local DNA collector to have a private DNA test performed.  If you have been given paperwork by the court, indicating you have custody of the child, you have the right and responsibility to get a DNA test to confirm you are indeed the biological grand parent, aunt, uncle, sister, brother etc., of the child.  And all children have the right to know their birth family and understand the truth about their birth.