Schaumburg, IL asked in Family Law for New Jersey

Q: I advocate and assist in finding proper representation for grandparents. Searching for a family lawyer

Involving a 5 year old child who's father and mother died and grandmother is being misled to sign to allow the childs aunt to adopt the child . The attorney representing the grandparent has threatened the grandmother to sign the document telling her it is easier this way and has created a conflict of interest speaking to the grandparents daughter who is attempting to cut her off . I have suggested the grandparent revoke the signed document , terminate her lawyer , deliver her revocation to the courts and continue her case in the court in which has given her full parental rights as her son died .

Related Topics:
2 Lawyer Answers
Richard Diamond
Richard Diamond
Answered
  • Millburn, NJ
  • Licensed in New Jersey

A: Is this matter in New Jersey? If its not in NJ, I cannot speak to the laws of another state as to its handling of grandparent rights claims.

If the matter is properly in NJ, our firm has represented many grandparents in their efforts to remain involved in their grandchildren's lives and we have also represented an equal amount of parents opposing a grandparents claims - so im comfortable in our understanding of where the lines are drawn where relief is appropriate and where the relief sought is inappropriate. My suggestion is that you / the grandparents contact Angela of my office at 973-379-9292 to schedule a consultation with one of the partners in Diamond & Diamond to discuss the documents prepared by counsel and to discuss their rights to continue to have contact with their grandchild.

Bari Weinberger
Bari Weinberger
PREMIUM
Answered
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your message. This is a terrible predicament for grandma. Lawyers are oftentimes imposing and unnecessarily demanding. It sounds like you have given her the correct advice, however, if she already signed the document I’m sure the lawyer has filed it with the court. She needs to contact the court where the adopting party has filed the case and ask to be heard at the time of the adoption proceeding. At that time she can advise the judge of how she was forced into this and retract her consent. In the meantime you can contact the family division in the county where the adoptive party resides and ask for the docket number on her case. Then grandma can write a letter to the court as to the situation. I hope this was helpful to you.

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.