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E. R. v. New Jersey Division of Child Protection and Permanency

IFP petition · Superior Court of New Jersey, Appellate Division, No. A-2469-23 · judgment January 14, 2026

Pending

Question presented

Whether the Due Process Clause permits a State to withhold custody of a child from a previously non-custodial parent without first overcoming the presumption of fitness recognized in Stanley v. Illinois, 405 U.S. 645 (1972) and then rely upon the absence of a parent-child relationship resulting from that denial of custody and State-imposed conditions on visitation as grounds to terminate parental rights?

Counsel of record

For petitioner
Ted Gary Mitchell
Office of Parental Representation, Appellate

For respondent
—

Case

Conference history
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Proceedings

Aug 13 2026
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2026)
Motion for Leave to Proceed in Forma Pauperis Petition Appendix Proof of Service