Orange Park, FL asked in Family Law and Adoption for New Jersey

Q: If you have a 30 year old restraining order can you adopt a grandchild

Both girls were removed almost 2 years ago one of them is with the biological father the 2 year old is being bounced around and I her biological grandmother would like to have her here in Florida but my husband has these two thirty year old restraining orders . Can I still get her?

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2 Lawyer Answers

A: It would be irresponsible for any family law attorney to give you a suggested answer to your question without a whole lot more information, especially since you said that you live in Florida and presumably the grandchildren live in New Jersey.

My suggestion is that you schedule a consultation with an experienced family law attorney in New Jersey (which can be handled by zoom).

In advance, you will need to send him / her the details of the children's setting (i.e. when they were placed in DCPP's control, your relationship with the biological parents, etc) and provide the attorney with a copy of the domestic violence complaint and the final order of protection so that the lawyer knows the basis for the complaint and the details contained in the final restraining order ( i.e. based on harassment, physical assault, terroristic threats, etc) and whether there have been any violations of the restraining order since its entry.

And, equally important, a lawyer will need to address the idea of the children relocating to Florida (given that I presume the biological father will not consent to the change in physical custody of the children or their relocation).

A: There is no possible way an attorney can give you a meaningful answer. You need to have an in person consultation with an experienced matrimonial attorney. You should never post anything like this in an online public forum. Good luck.

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