Legal Question in Family Law in New Jersey
Divorce of spouse in NC and giving up parental rights to adopted step children
This is somewhat complicated. My wife and I married in 96, she had two children from a previous relationship, I adopted the children in 99 thinking the father had completly abondeded them and her. After returning from Iraq in October, she no longer wants to be married, is seeing another guy, and I found letters to her from the childrens natural father starting one month after the adoption was made final. If there are any earlier letters I didn't see them. My wife is Korean, but an American citizen, the children are Korean, but American citizens, the natural father is Korean, but not a US citizen. I need to know if I can divorce my wife in NJ although she doesn't reside here (she's in NC, I don't want to wait the 12 month waiting period of a separation in NC) and if I can relinquish my parental rights in NJ (the adoption was in VA). Any addvice is appreciated.
2 Answers from Attorneys
Re: Divorce of spouse in NC and giving up parental rights to adopted step childr
You can get divorce in New Jersey and if you adopted the children due to fraud and adopted in New Jersey, you can ask the court to nullify the adoption. Adoption makes the children your financial responsibility as their father and the motion to vacate the judgment of adoption should be filed immediately.
Gary Moore, Esquire
800 273 7933
www.garymooreattorneyatlaw.com
Re: Divorce of spouse in NC and giving up parental rights to adopted step childr
There are several issues which need to be addressed. Firstly, if you live in NJ, and have been here for one year you can file in NJ. If not, you can not file in NJ. Additionally, NJ really has no jurisdiction over custody and support issues, since the children do not live here and never have. In terms of the adoption issue, I believe that unless you can prove fraud by your wife, you are going to be held financially responsible for the children. Their birth father has no parental rights any longer. YOu are their legal parent now. If you would like to further discuss these issues, please feel free to contact my secretary, Debbie, to schedule a consultation.
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