Legal Question in Family Law in New Jersey
Adopting Step Son
In NJ what would I have to do in order to adopt my step son? The birth mother has been in and out of the childs life (actually abandoned the child when he was 15 mths) and last year asked for visition and never showed up, and this year again, asking for visitation. My husband and I are planning on moving out of the state (obviously I need assistance on what we need to do regarding the birth mother) and since he has medical needs and the birth mother has not taken an active role in the childs life, she actually said to him he was too sickly for her, what can I do to adopt the child so that when/if we move, my husband and I can continue to provide positive support for him.
help!
2 Answers from Attorneys
Re: Adopting Step Son
If you are contemplating an adoption proceeding, it is essential to retain an attorney on your behalf as early as possible in the process.
Unstated in your question, but certainly implied, is the notion that you expect that the child's natural mother would relinquish her parental rights. Although you indicate the natural mother may have some problems, and in fact may be an unfit parent, parental rights are considered fundamental constitutional rights in New Jersey (as in other jurisdictions). Therefore, since the natural mother is still "in the picture", so to speak, and apparently has at least expressed some degree of interest in the child, convincing the court to deprive her of her parental rights and essentially hand them off to you would possibly be an uphill battle.
You do not indicate that the natural mother has agreed to consent to give up her parental rights, nor that you have even discussed your desire with the natural mother. Therefore, the assumption at this time must be that the natural mother will oppose any effort to deprive her of her parental rights.
Even were the natural mother to seemingly give you her consent, and cooperate in the proceeding, the standard of whether the court will grant the application is whether the adoption is in the child's "best interests."
I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:
(973)-605-8995
[Disclaimer: The above reply is not to be regarded as or relied upon as "legal advice" which can only be obtained by a direct consultation with a retained attorney, during which the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]
Re: Adopting Step Son
See me about adoption procedures.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw
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