Legal Question in Family Law in New Jersey

Adoption by new spouse

I have primary custody of my 4-yr-old son. I recently re-married and my new wife would like to adopt my son. My ex-wife lives out of state and has not accepted any visitation since 12/24/00. It is also my belief my ex does not provide a good environment for a child when he does visit. Do I need my ex's permission for adoption to occur? She does currently have visitation rights, but the custody agreement (reached under FL law) specifically states we were expected to reside in the same geographic area (I moved after she decided to move away). If we apply for an adoption, does my ex have ''veto rights''? Thank you for your time.


Asked on 1/17/02, 4:52 pm

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Adoption by new spouse

Your ex absolutely has veto rights. And unless you could prove that she is something close to an axe murderer, it is unlikely that your wife would be able to adopt your son. Why not try a different approach? Your ex does not seem interested in being a mother. Maybe she would voluntarily consent. This may take some talking but it appears that this may be in your son's best interest. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. Good luck! Rob

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Answered on 1/17/02, 6:13 pm


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