Legal Question in Family Law in New Jersey

Adopt stepchildren

My husband has legal custody of his children. Their mother is not allowed to see them. No visitation...no contact. She has not tried for more than 5 years. Problem. I would like to adopt the children. Where do I start and do I have a case? (My husband has cancer)


Asked on 2/27/02, 9:16 am

3 Answers from Attorneys

Edward Weinstein Law Office of Edward R. Weinstein

Re: Adopt stepchildren

Thank you for your inquiry.

I beleive that you have a strong case for obtaining the adoption.

As it would be my pleasure to speak to you regarding your potential adoption, please feel free to contact my office at 732 246 0909 to discuss same.

Very truly yours,

Edward R. Weinstein

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Answered on 2/27/02, 9:46 am
Drew Hurley Law Offices of Drew M. Hurley

Re: Adopt stepchildren

I agree with the post by Mr. Soukis. Each adoption case is fact specific, meaning that the Court will look at each fact of your case in making its decision. Do you have any idea if the birth mother would voluntarily give up her parental rights? So doing would terminate any support obligation she has or may have which may be an incentive to her. If she consents then the process becomes very easy. Even if she does not consent, based on what you've posted she would have a difficult time arguing that her parental rights should not be terminated and you permitted to adopt. Good luck!

If you have any questions, please call me.

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Answered on 2/28/02, 2:36 pm
Ralph Soukis Attorney at Law

Re: Adopt stepchildren

While it is often very difficult for step parents to adopt the children of their spouses, it sounds like the biological mother might have terminated her parental rights or be subject to the same if challenged. Bear in mind that the courts will always make a determination based on what is shown/proven to be in the best interests of the children. I suggest that you call a colleague of mine who has a Family Law Practice. She is geographically closer and could guide you accordingly. Her name is, Jane Herchenroder,Esq.,

87 East High Street, Somerville, NJ.

908-231-9222.

Regards,

Ralph Soukis

201-599-0744

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Answered on 2/27/02, 11:25 am


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