Legal Question in Family Law in New Jersey

I had a child taken from me in florida due to a possitive drug test for methadone. The satate of florida cps took my son away. They mailed me two court dates to give me the opportunity to get him back, but i never received any of them because 5 days after my son was born, i moved back to New Jersey. My sons dad went to florida to get him back and he won. I have been living with my son and his dad, for the most part, raising my son by myself with only financial help from "dad";. We are now having problems in our relationship and hes very abusive and controling. He told me if I ever tried to leave he would kill me. He also said if i try to leave i cant take my son which i've been raising , with me because i have no parental rights, he said i gave them up when i didnt show up for the 3 court dates when i wasnt even in nj and i knew he going to get my son. Is it true even though my son and I are inseperable now, i have no parental rights? We live together in the same house and have for the past 4 years. I take care of all doctor appts.,school appts and signatures,shopping, clothing, feeding, you name it. Isnt there some kind of loop hole i am entitled to? I feel as though I'vbe taken my right to be a wonderful parent to my son and feel i DO have parental rights. It doesnt get anymore of a parent than this. Please help! Thanks you.


Asked on 6/02/10, 8:06 am

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Of course you have rights, but they are only good if you go to court and establish them. You really should speak to an attorney ASAP. Call me at 732/773/2768 to discuss.

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Answered on 6/02/10, 11:11 am
Amy Klauber Klauber & Klauber, LLP

Based on the information provided, the next steps to take depend on what Florida did with respect to your parental rights. Did they terminate them? I doubrt it since they gave the child to his father. Having said that, I need to see the orders. Do you have them? If not, you must retain an attorney as soon as possible to get them. I handle many cases representing parents involved with the Division of Youth and Family Services and believe my experience in this area will be beneficial. Please contact me at 732-663-1500 to further discuss this matter as soon as possible.

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Answered on 6/02/10, 11:25 am


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