Legal Question in Family Law in New Jersey

contesting adoption

I am an alleged father of a child that I have not seen in years. I was summoned to court for this childs adoption buy a stepparent. I am not sure if this child is mine and have repeatedly asked for a dna test but no avail. the childs mother has not let me have a relationship with the child and has even gone as far as revealing the child wasn't mine. she even had me arrested saying I harrassed her years ago but she dropped the charges. I have asked the court for a dna test which was done. (waiting on results) but do not wish to consent if this child is mine I want to be active in this childs life and gain custody. what are my rights in nj and is it true that nj is bias against fathers. can the adoption still go through if I contest?


Asked on 7/28/06, 3:23 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: contesting adoption

This is a complicated area of law. It would help you a great deal if the DNA results to show that you are the biological father. You have said that you have never acted as the child's father because the mother kept you away, so you do not seem to have a claim that you have been acting as the father and bonded with the child. A lot will depend on the exact facts, so I really do not think any attorney can tell you what a Court will decide.

If you want to get custody, you have to take action to do that by filing the correct type of court lawsuit.

I think you should hire an attorney and get some legal advice.

If you would like, give me a call; I am in northern New Jersey. The telephone consultation will be free. I would be happy to help you out.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 7/28/06, 3:45 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: contesting adoption

As Mr. Davies said, no one can tell you how this case is going to shake out. However, I can tell you that I will fight hard for your rights as the Father and will do everything I can to prevent them from taking this child away for good. However, if the right facts line up, I am confident we can keep your rights intact and you can start to establish a relationship with this child. My consultations are always free, so call me at 732/247/3340 and we'll discuss your options.

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Answered on 7/31/06, 5:57 pm


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