A Blogsite with News and Thoughts about Family Law, The Divorce and Children Industry, and what many are now calling "The War on Families and Children". Family Courts have become battlefields resulting in massive casualties that include Moms, Dads, Children, and Extended Family Members. The Federal Gov't, States, their Agencies and Officials involved, including Attorneys and Judges, that profit from destroying us are the only winners. "We The People" must wake up and stop this abusive war now!

Thursday, May 28, 2009

NJ Supreme Court rips DYFS for giving dad custody after mom's abuse


New Jersey Supreme Court and DYFS-CPS

Highest court criticizes DYFS

Tuesday, April 7, 2009




In a unanimous decision today, New Jersey’s Supreme Court criticized the state Division of Youth and Family Services for ending an investigation of a woman who had "abused and neglected" her two children.

DYFS should have decided in court where the children could live, free from harm, instead of awarding custody to the woman’s ex-husband, said the justices.

"Rather than relying on the wishes of the children, the division should have focused on whether the children could be safely returned to the custody of the mother," Justice John Wallace wrote for the court.

The case involves a custody battle between a Hunterdon County woman and her ex-husband, who now lives in Florida, over their two children. All of the individuals’ names are protected by the court and were not released.

One night in March 2006, the daughter texted her father, saying that she was having an argument with her mother. From Florida, the ex-husband called New Jersey State Police, who came to the woman’s home and allegedly found her drunk. The daughter had scratches on her arm and had become sick after her mom grabbed her and choked her.

State Police Trooper Kelly Bene called the Division of Youth and Family Services and a case worker came to the home that night. Both children told her that their mother drank every day. The case worker temporarily moved the children to a neighbor’s home.

Through DYFS, the woman accepted substance abuse treatment and counseling, while the kids were temporarily sent to Florida, to live with their father. Eight months after DYFS got involved in the case, the trial court followed the agency’s recommendation and awarded permanent custody of the two kids to the father, in Florida.

A state appeals court previously ruled DYFS and the trial court had made a mistake because they had not weighed the evidence and the woman’s progress when deciding where it was safest for the children to live. Now a lower court will have to do that in deciding which parent will get custody.

Mary Fuchs is a reporter for The Star-Ledger. She may be reached at mfuchs@starledger.com

Am I missing something here? Is this court saying that an alcoholic, abusive woman is better for the children than a loving Father? Maybe there is more to this story but with the names withheld I can’t find any more info on this family.

Seems its the text-book case for a reversal of custody but the high court has thrown it out and the process has begun all over again. It seems to me the Child Protective Services did exactly what they were supposed to do in this case.

If anyone has any more information on this case I would love to hear it.

Ken Maddox of



  1. I wonder if the genders were reversed would the outcome be different??? It will be a fine day when the courts become gender blind in regard to family law. Why is it always assumed that the children will live with mom upon a divorce?? Why isn't shared physical custody the norm?? What is more dispensable about a fathers love then a mothers?

  2. I am caught in a nasty custody battle with my ex wife. I was the primary caregiver to our 4 yr old son. I have not seen my son for four months and have had visits with him less then 25 days in the last ten months, all due to a all-out smear campain by my former wife including two reports to Dyfs (unfounded), Three temp restrsining orders (dismissed) and now another investigation by Dyfs. My ex's dirt-bag attorney has taught her to abuse the system and it seems to work. I have always been a loving, caring father to my son as well as my step-daughter and have never done anything to them that would be considered abusive, but that hasn't stopped my ex from putting me through 10 months of pure hell. I understand my wife is a sociopath but I just hope the NJ courts will see it before it is to late for my two children.

  3. Ive been battleing nj court for alot of years now,since my daughters were very small,my ex-wife used the system very very well,always misleading the court,dyfs sucks my daughters been in livung hell since they were small,dyfs did nothing to protect them,i tried to bring my kids to counseling,mother took them out,several years of physical,mental and emotionally abuse now older and away from mother and she still is lying to the court,i have custody of my youngest and my oldest moved with my family member i receive no support from ex for my youngest the court is one sided for the woman they need to look at all true facts before make wrong judgement,i need help ,probation just froze my little bank account on 3-11-10 half went to my rent,alot of arrear money was credited to my account due to ex always lying,i can go on and on were does it end i do not have the financial funds to fight her in court,i live week to week raising my daughter ,my ex live a lavish life style and i struggle every day,court does not ask ex wife for any financial statements or look into her life at all,trust me 110 percent she is scamming hey way through i do not have the funds to hire a private investigator,but if i did my living night mare would be over,mr one sidsd

  4. It's a shame this kind of thing happens on a daily basis in NJ. I don't know how things in family court are in other states, however, I do know that my own family member was found to be the more stable person (both financially, psychologically, and emotionally) yet was still discriminated against, due to his employment and sex. Unfortunately, too many women appear to abuse the NJ system, and too many fathers are erased from their children's lives by an unsubstantiated belief that children need a mother more than they need a father. I wish there was a way to put pressure on the legal system in NJ to focus on the children's best interests and welfare, rather than using an out dated bias that women are better caretakers.

  5. It's sad to see the system in this state including DYFS which is so corrupt and rigged it makes me nauseous when it comes to Fathers rights which in my eyes is a oxymoron. Their are no Fathers rights we are sperm donors with wallets subjected to the same amount of torture as was Jesus Christ dragging his cross as he was getting stoned by people then they were more then nice enough to hang it up so that they could nail him to it.

    I feel myself that I have been persecuted for the only reason is that I want to be a part of my daughters life. The courts along with DYFS can do whatever they want with no ramifcations against them. I couldn't do it myself, but I can understand why fathers abandoned their children after the realtionship/marriage is dissolved. I myself may seem just slighty bitter, but my childs mother has put me through the ringer and she has more rights that a Serial slayer whereis I have none. The only thing I can say in retrospect to the young and new generation is don't get married and don't procreate.

  6. http://www.change.org/petitions/stop-dyfs-from-abusing-their-power#signatures

    PLEASE UNITE AS A WHOLE AND SIGN THE PETITION ABOVE! It takes seconds to sign but can save so many families! Take the time to stop dyfs from abusing their power! Tell your friends! Share on FB and Twitter! Please Please Please help save the families of NJ!