Legal Question in Family Law in New Jersey
Consent to Adoption
I have recently re-married and my husband has quite a history. He and his first wife had a daughter, bareley stayed married for a year and subsequently divorced. He maintained in weekly contact with supports, visits etc. for over a year until the relationship with his ex-wife fell apart. He did have an order for child support and visitation which he did not pay and she waived. It has just become known to him that she has remarried and the child has been ''legally'' adopted. He was never notified. He has lived in NJ his whole life, maintained an address in NJ and worked here as well. My question is....Putting their lack of relationship aside, shouldn't he have been notified that there was an adoption? I don't no that the support or lack of was an issue because his address was never a secret. I would think that there is some sort of law about notifying a parent that their child is to be adopted whether or not there is contact or support.
2 Answers from Attorneys
Re: Consent to Adoption
Well, in fact there is such a law in New Jersey. Your message did not state where the ex-wife and daughter lived. If not New Jersey, that could have impacted on what happened.
If your husband wishes to challenge the adoption, he should contact an attorney in his area experienced in family law.
Re: Consent to Adoption
The rules of court require that every defendant receive service of the complaint filed in which he is named. The failure to serve the papers properly can entitle the defendant to vacate any judgement entered and to give him or her his or her day in court.