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E.E.B. v. D.A.

89 N.J. 595 (1982)

446 A.2d 871

E.E.B. AND J.E.B., HIS WIFE, PLAINTIFFS-RESPONDENTS, v. D.A. A/K/A D.M. AND J.M. AND CHILDREN'S SERVICES DIVISION, HOLMES COUNTY, DEPARTMENT OF PUBLIC WELFARE, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided June 21, 1982.

Attorney(s) appearing for the Case

Edward Emmett O'Farrell, a member of the Ohio Bar, argued the cause for appellants D.A. a/k/a D.M. and J.M. (John D. Atlas, Director, Passaic County Legal Aid Society; Madeline L. Houston, on the brief).

Donald M. Ferraiolo argued the cause for appellant Children's Services Division, Holmes County, Department of Public Welfare (Faro & Ferraiolo, attorneys).

Joseph T. Afflitto argued the cause for respondents (Diamond, Diamond & Afflitto, attorneys).

The opinion of the Court was delivered by POLLOCK, J.

The issue on this appeal is whether the courts of New Jersey have jurisdiction to determine the best interest of a child in an interstate custody dispute. In this case, prospective adoptive parents seek to retain custody of a three and one-half year old girl who has lived with them since six days after her birth. The Chancery Division determined that the best interest of the child was to remain with the adoptive...

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