In a recently decided case that was approved for publication, the court stressed the responsibility of a fit parent to protect a child from an unfit parent. While this may seem like common sense, it is a responsibility that can become complicated to act upon when the abuser is the other parent. The fit parent could also be a victim of domestic violence and this may make him or her unable to stand up to the abuser. The key is early intervention and obtaining a domestic violence restraining order to stop the cycle of abuse.
FIT PARENT WHO FAILED TO PROTECT FROM UNFIT ONE LOSES HER RIGHTS
New Jersey’s high court has declared that even a worthy mother can lose her parental rights if she fails to protect her children from an abusive father. “The issue before the trial court was not whether [the mother] was an inherently unfit parent incapable of raising a child,” the court held in DYFS v. F.M., A-108-10. “Rather, it was whether [she] was capable of protecting her children from their unstable and potentially violent father, who refused to seek appropriate treatment to curb his drug abuse and address his mental illness.” The court affirmed a Passaic County judge’s ruling that consideration of all relevant factors weighed in favor of terminating the rights of the mother in two children.
