Matter of Adoption of JJB

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that in determining the fitness of a parent, “the court should evaluate whether there is clear and convincing evidence of gross misconduct such as incapacity, moral delinquency, instability of character, or inability to provide [the child] with needed care”
• explaining that reversal of a judgment terminating parental rights in an adoption case results in a separate determination of who should have custody
• stating that to comport with due process, parental unfitness must be shown “by proof of substantive criteria demonstrating parental inadequacy or conduct detrimental to the child”
• explaining that reversal of a judgment terminating parental rights in an adoption case results in a separate determination of who should have custody
• stating that “[i]n New Mexico we give great weight to the presumption that, when a family breaks up, custody should go to the natural parent” unless extraordinary circumstances exist
• stating that, despite the public policy in New Mexico as demonstrated by Section 40-4-9.1(K

Source: CourtListener parenthetical corpus (CC0).