Legal Question in Family Law in New Jersey
Child Custody
I am a married man...and I had an affair with childhood friend who is also married. She is 3 months pregnant and has since reconciled with her husband. She and her husband and I have agreed that it would be best that they raise the child as their own. I have agreed to supply any type of support financial or otherwise, but again in an effort to eliminate any short-term confusion we have agreed that they raise the child as their own. My question is two-parts. As biological father I should sign the birth certificate? And in the event something were to happen to the two of them...is there any additional documents needed to grant me full custody of the child?
1 Answer from Attorneys
Re: Child Custody
You seem to have entered uncharted territory. Usually the father wants to be recognized or does not want to be recognized as the father. You want both.
If you name is not on the birth certificate you are not the father.
There are more profound questions about you true feelings about so easily going along with this arrangement. Whatever you do will be difficult to undo.
I suppose that the woman and her husband can agree to put you in their will as having guardianship or custody of the child should they both die, but wills can be torn up and redrawn at any time.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com