Lawyers, Answer Questions  & Get Points Log In
New Jersey Adoption Questions & Answers
1 Answer | Asked in Adoption, Family Law and Immigration Law for New Jersey on
Q: \ if a child is in an immigration process. and both parents abuse him. would he get deported, or get a citizenship?

/

Rajeh A. Saadeh
Rajeh A. Saadeh answered on Jun 2, 2021

This is a question for an immigration lawyer. Please contact an immigration lawyer for assistance.

1 Answer | Asked in Adoption, Family Law and Immigration Law for New Jersey on
Q: \ if a child is in an immigration process. and both parents abuse him. would he get deported, or get a citizenship?

If A child gets abused by both his parents, and he informs the police, would they deport him and his parents. or would he be given to a foster family/orphanage. would they get citizenship? or get deported?

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on May 21, 2021

There are several places that can help the child. The child's status has to be explained to the police and there are family crisis agencies that can help. The courts sometimes have to become involved. Deportation depends on many things. Getting citizenship also depends on many things. Check... Read more »

1 Answer | Asked in Criminal Law, Family Law, Adoption and Municipal Law for New Jersey on
Q: Can law enforcement question an 18 yr old if they're legally disabled and mentally half their age?

Especially since they are legally still under a kinship legal guardian because they didnt graduate yet because they have learning disabilities and their legal guardian took them to the police department under false pretenses and did not give consent to be interrogated alone which should mean the... Read more »

Richard Diamond
Richard Diamond answered on Apr 24, 2021

The issue is not whether the police can question the individual but whether the information provided to the police as a result of the interrogation is admissible or can be used in a criminal court proceeding.

1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on
Q: Dyfs case in nj. The mother lost custody and after 18 months the case is in adoption and termination of rights.

I just found out 2 weeks ago about my daughter and got paternity results. Will I be able to get her ? I don’t have a dhs case can I just file for custody ? I want her but do I have to be involved in this dyfs mess if I just found out about the baby ?

Bari Weinberger
Bari Weinberger answered on Mar 2, 2020

Thank you for your question. Sorry that you are faced with this issue. DCP&P (formerly DYFS) is obligated to reach out to you as the father of the child as terminating parental rights of course also affects you as the father. You need to involve yourself in the DCP&P case as soon as... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on
Q: NJ: I have sole legal and physical custody of my 10 yo child, Can I have non custodial parental rights terminated?

Ex pays child support but has had no contact in 3 yrs. Very minimal contact the 5 years prior) He is constantly arrested for drugs and driving with out a drivers license. He has had 3 dui's and recently in the last few months he has been caught driving on a suspended license. He is not active... Read more »

Bari Weinberger
Bari Weinberger answered on Jan 3, 2019

Thank you for your question. I can understand how stressful this must be for you. Step-parent adoptions are possible in the State of New Jersey. I would suggest that you and your husband schedule a consult with a family law attorney to go over options and any potential complications to your... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on
Q: Aunt has custody hearing. Judge dismisses w/prejudice because of foster care pending fg matter for adoption. What to do

What further action can aunt take before this fg matter. Does she have a chance in appeals process?

Bari Weinberger
Bari Weinberger answered on May 10, 2018

Thank you for your question. I know how worried you must be about the custody and adoption hearing.

The short answer is that you should immediately contact an experienced family law lawyer. Interested parties have the right to petition the court in the “FG” or guardianship hearing...
Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on
Q: My step mother has temporary guardianship of my child she want to adopt her how can i stop it

She has prevented me from seeing my child for over 2 years due to the fact she dislikes the baby father she is using that I have not attempt to see my child which is a lie ive tred but would never let me see her they live in Oklahoma i moved to Jersey to get my life together I just want my daughter... Read more »

Bari Weinberger
Bari Weinberger answered on May 3, 2018

Thank you for your question. I know how worried you must be about the custody of your child.

The short answer is that more information is needed. What state initially issued the custody/guardianship order? Is the Division of Child Protection and Permanency involved? Have your...
Read more »

1 Answer | Asked in Adoption and Child Custody for New Jersey on
Q: Does total compliance count in permanvcy

My son is in permancy state is always been compliance with courts.fosters already have 4

Leonard R. Boyer
Leonard R. Boyer answered on Apr 14, 2018

You have to provide a lot more information and ask a meaningful question.

1 Answer | Asked in Adoption and Child Custody for New Jersey on
Q: I have custody of 6 and 4 year old girls thier whole lives the mom isn’t aloud to be alone with them I have never

Received any money from her at all the whole time I have had them she has had dyfs in her life since they were born. We live in New Jersey is it possible for me to petition the court to terminate her rights so that I can legally adopt them

Leonard R. Boyer
Leonard R. Boyer answered on Apr 12, 2018

You have to indicate whether you are in NJ or PA, which is not clear. I cannot address PA law, but given your facts, if true you may be successful. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good... Read more »

1 Answer | Asked in Adoption, Family Law and Child Custody for New Jersey on
Q: I have sole custody, can my current husband adopt my kids legally?

Biological father is not in the picture, and he pays no child support

William N. Sosis
William N. Sosis answered on Feb 18, 2018

Parental rights are never terminated lightly because it's a constitutional right. However, if you motion the court and show that (1) the biological parent has abandoned his parental obligations and (2) that the best interests of children would be promoted through adoption, then yes. It also... Read more »

1 Answer | Asked in Adoption and Immigration Law for New Jersey on
Q: Would adopting a minor that overstays their visa’s 6th month limit in the US give them permanent status?

If they are not eligible to be adopted are they now considered illegal aliens and what would be their next move?

Hector E. Quiroga
Hector E. Quiroga answered on Feb 9, 2018

In order to file an immigrant via petition for an adopted child the adoption would have to take place before the child turned 16.

If adoption is not an option, then the child would need to leave the US. If there is a reason why the child does or should not want to leave the US, you might...
Read more »

1 Answer | Asked in Adoption and Family Law for New Jersey on
Q: how to adopt a step daughter in new jersey?
Leonard R. Boyer
Leonard R. Boyer answered on Feb 2, 2018

You start by having a consultation with an experienced matrimonial(family law) attorney. The attorney will explain the adoption process and depending on your specific situation, what will be required and what is involved. Do not let geographic restrictions get in the way of retaining the best... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for New Jersey on
Q: Im the one that asked about the emancipation so say if my parents dont want to sign it what else can i do?
William N. Sosis
William N. Sosis answered on Jan 22, 2018

Your parents have a constitutional right to make decisions about you. If they're just acting in your best interest and you just don't like it, you should reconsider what you're trying to do and the shame you might bring them. If you already thought this through carefully, try... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on
Q: My cousin passed away and her 2 children have never met their father how do I get full custody

Their father is in and out of jail and across the county my aunt has the kids currently and can't handle them due to her age and wants me and my wife to adopt through kinship is this a fairly straight forward case

William N. Sosis
William N. Sosis answered on Jan 17, 2018

Custody cases are rarely 'straight forward'. You'll need to retain a family law attorney to file an application for change of custody and argue the case for you.

1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on
Q: I have been taking care of my foster child sense she was born, she is now 8 years old and have been adopted by her aunt

I still take care of her as my own daughter and she looks at me as her father but now I want actual legal connection to her, is there anything I can do as far as adoption or otherwise to make that happen?

William N. Sosis
William N. Sosis answered on Jan 17, 2018

If you were with her since birth until she was eight then you are likely to be deemed her psychological father by the court. It's important to your foster child's well-being that you stay in her life. You should contact an attorney to help you.

1 Answer | Asked in Adoption and Child Custody for New Jersey on
Q: Can I get custody of my newborn after 2 children have been adopted?
Leonard R. Boyer
Leonard R. Boyer answered on Jan 9, 2018

You need to provide more information before a meaningful answer can be supplied to you.

1 Answer | Asked in Adoption and Immigration Law for New Jersey on
Q: is it possible to bring my stepdaughter from Ghana to America . Her father recently passed away

Before he passed he just attained his 10 year visa. He did not know about her until last year so she was not on his paperwork when we first filed

Leonard R. Boyer
Leonard R. Boyer answered on Dec 11, 2017

It is possible, but will take a long time. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible.... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on
Q: if my father get custody of my son, down the road can i take him back to court to get my son home back to me?

my son is in foster care but my father is trying to see if he can get custody. even if my son's foster mom if she gets custody

Leonard R. Boyer
Leonard R. Boyer answered on Sep 9, 2017

You need to have an in person consultation with an experienced matrimonial(family law) attorney. There is no way to answer this question based on one or two sentences. You should not be discussing this situation on line anyway. Good luck.

1 Answer | Asked in Adoption and Family Law for New Jersey on
Q: Can I obtain guardianship over my finances son?

I am interested in adopting or at least becoming a legal guardian of my finances son. We currently all live together and in the event something happens to my fiancé, I don't want him to be removed from my care.

He has been living with us full time for 6 months, we shared custody... Read more »

Bari Weinberger
Bari Weinberger answered on Aug 2, 2017

In order for you to adopt, the child's biological mother would have to have her parental rights terminated either voluntarily or through a DCPP action against her. Talk to a family law attorney in your area, many offer free consultations. From your questions, it appears as though you may have... Read more »

1 Answer | Asked in Adoption and Child Custody for New Jersey on
Q: I was granted sole physical and legal custody with no visitation rights, what does that mean for the fathers rights?

Court order was granted 4 years ago in New Jersey, I now live in Pennsylvania. He has not seen my son in that time frame as well due to his in and out of jail and drug overdoses and being in rehab.

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jul 2, 2017

Sounds like he has very little rights. However, he is still the father. He could always clean up his life and petition for some custody. Additionally, if you moved without clearing it with the court you could be in for trouble down the road.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.