Legal Question in Family Law in New Jersey

Custody-Visitation-Termination of Parental Rights-Abandonment

Child 12 has lived with Aunt & Uncle and cousin for 6 yrs. Aunt had "physical" custody while paternal grandmother had "Legal" custody. Mother mentally ill and does not want child. Father initially denied paternity, court ordered paternity, paternity established when 1 yr old. Father only saw child 3x before age of 4. In 8 yrs father never attempted to see child and never paid child support. Aunt and Uncle have acted as childs parents solely responsible for her care and well being. Before gaining physical custody child spent every weekend and holidays with aunt and uncle. Grandmother died recently. Aunt petitioned court for sole custody. Father notified and now wants visitation and possible custody. Father has extensive criminal history (robbery, forgery, domestic violence, agg assualt, terristic threats, etc.) Does father have any possible claim after all this time has elapsed. Only involvment with child was night of conception. Is there a time frame where father has to step up to the plate or lose his rights? Any help would be appreciated.


Asked on 6/09/00, 11:30 am

1 Answer from Attorneys
Edward Weinstein Law Office of Edward R. Weinstein

Re: Custody-Visitation-Termination of Parental Rights-Abandonment

Thank you for your inquiry.

I believe that you your a good shot at obtaining custody over this child. However, I need to learn more facts about your situation before drawing any definite conclusions, as this "absentee" father still maintains significant parental rights. Consequently, I highly recommend that you hire an attorney to assist you in this endeavor.

As my office handles many child custody matters, please contact my office at 732-246-0909 to discuss your case.

Very truly yours,

Edward R. Weinstein

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Answered on 7/31/00, 10:13 am


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