Debra F Schneider | Attorney
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About Debra
In the case before the Superior Court, Appellate Division, I represented the plaintiff (maternal grandmother) on her appeal for the return of custody to her of her granddaughter. Her granddaughter had been placed by New Jersey Division of Family Services (D.Y.F.S) with a foster parent (defendant) because of the abuse and neglect of her mother (daughter of the plaintiff-grandmother). D.Y.F.S placed the child with the foster parent because it would not permit the plaintiff grandmother to take custody of her while the child's mother who was ill lived with the plaintiff. When the mother of the child died, my client applied for custody.
The trial court ruled in favor of the defendant foster parent. I represented the plaintiff on the appeal. The appellate court ruled in favor of my client, finding that the trial court did not correctly apply the best interest standard. This is a legal standard used by the court to make a custody decision. In this case, the appellate court found that this dispute was not simply between two third parties, neither being the parent. Instead, the trial court should have given preference to the grand parent since her status was more like the parent than the third party.
Admission
New Jersey
1978