Legal Question in Family Law in New Jersey
Child custody
My girlfriend took off with my son when he was just shy of his second birthday. For a few months I knew where they were at, then she left with no forwarding information. Last year, nearly six years later she contacted me. She is now married and has two other children. She stated she wanted me to develop a relationship with the child. A couple months later she wanted me and my wife to have custody of the child. After several months, she stopped calling and returning my calls. About 6 months later, contact began again. She is serious about the custody once again. My son is about 9 yrs, old. I am not on the birth certificate and we were never married. What are my next steps and if both the mother and I can agree on the specifics, what is the best way to go? I am concerned for the child, the parents don't seem to do much for him, he has ADD and has reported to his school about abuse at home. The mother informed me of that and there are currently no open case related to that incident. I have seen my son since and he is due to come down for the holidays. I need some direction!!
4 Answers from Attorneys
Re: Child custody
Based on the limited information provided, you have to determine what you can do for the child. Obviously he needs a caring parent who will provide stability in his life. If it is an issue, make certain you are the natural parent through a paternity test. Contact a local family law attorney who can advise you regarding working out an agreement with the mother as to adoption (if she no longer wants to parent the child), support, custody, visitation, and other issues in the best interest of the child. Your attorney can advise you regarding legal prcedural options depending on how the issues are resolved. Remember that the court and hopefully you will make decisions based on the best interest of the child.
Re: Child custody
You have a unique opportunity to step in and raise
a child that has been lost. Immediately hire a family law attorney to file a paternity petition under Sec 742, Fl Stats. !!!
Re: Child custody
If you both agree, a Custody Agreement can be drawn up and put into effect. Court intervention may or may not be necessary depending on some facts which are not apparent here. However, it is imperative that you get a lawyer to assist you with this. 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 Gleaner
Re: Child custody
You should consider "cleaning up" your question. It is not all that clear. In what state do you reside? What state does the child reside?
You can petition the court to determine paternity and to establish child custody. A paternity test will establish whether you are the father.
You should schedule a formal consultation with a lawyer. A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association. They probably have a web site and charge a nominal fee for the referral. Most attorneys either provide a free initial consultation, or charge a nominal fee.
Good Luck, Elliot Jay Goldstein (attorney with offices in St. Petersburg and Tampa)
The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.
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