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New Jersey Adoption Questions & Answers
1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on
Q: Is it possible to have joint custody or share custody of my nephew with my sister(his mother)? Or would I adopt him?

We live in NJ. The father didn’t sign the birth certificate, and has never paid child support or been around my nephew. How we we begin this process?? Or where would we look to start?? She is in agreement with the entire thing and and want to share in all of the decision making etc.

Richard Diamond
Richard Diamond
answered on Feb 19, 2023

The biggest issue is the nature of your relationship with your sister. Is your sister seeking or willing to agree to share parenting time and decision making with you or are you looking for your nephew to live with you and you make all of the decisions concerning your nephew? If you are seeking the... Read more »

1 Answer | Asked in Adoption and Child Custody for New Jersey on
Q: My mom adopted my child because I was in prison. My child has lived with me for 2 years. How can I overturn the adoption

My mom says she doesn’t want my daughter and verbally and emotionally abused her. I’d like to overturn the adoption and get my rights back

Richard Diamond
Richard Diamond
answered on Nov 1, 2022

The first question is whether your mother formally adopted your daughter or whether she simply took guardianship of her as a result of your incarceration. But, if your mother no longer wants control over your daughter and you are able to handle the responsibilities, then ask your mother to sign... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for New Jersey on
Q: Mother has sole legal and residential custody. Child is autistic. Father does not take to any appointments, doesn’t

Help when he’s on school break, won’t communicate because “the new girlfriend doesn’t like it”, won’t check on the child’s well being, and the child comes home very hungry and once with a deep scratch on the pelvic area. the mothers boyfriend/father to mothers other child takes off... Read more »

Richard Diamond
Richard Diamond
answered on May 9, 2022

This is a trick question. Your ex pays 90.00 per week in child support voluntarily but has little to no involvement in your child's life. Your current boyfriend is caring and involved in your child's life and wants to continue to be involved. Your ex is not stopping your boyfriend from... Read more »

1 Answer | Asked in Adoption for New Jersey on
Q: i had my step daughter living with me since she was 3,i am married to her father,her mother is a cocain head,can i file

for adoption ,my step daughter is 10 now

Leonard R. Boyer
Leonard R. Boyer PRO label
answered on Oct 5, 2021

You need to retain an experienced matrimonial attorney, who will file a complaint to involuntarily terminate parental rights of the mother and for you to adopt the child.

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 PRO label
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 PRO label
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
PREMIUM
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 PRO label
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 PRO label
answered on Jan 9, 2018

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

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