Legal Question in Family Law in New Jersey

Re: keeping Mom out of daughter's life

The "best interest" concept is not just public relations; it is the standard that the Court must use in determining issues involving the child. On the other hand, the Courts will not terminate the rights of a parent very easily. Abandonment alone will not be enough to terminate the parental relationship if she comes back and tells the Court that she has made an error and wants to re-establish her relationship with her daughter. The forum in which that would likely occur would be when you and your (then) wife make an application to allow her to adopt your daughter. At that time, your ex-wife would need to be notified. Hopefully, she would ignore the notice, a default would be entered against her and the adoption would then proceed. If she responds, the proper proofs would need to be brought to establish that the best interests of the child dictate that her parental rights be terminated over her objection. At least on its face, it appears that you have a good factual basis for your position. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. Feel free to call me for an appointment at 856-546-8010. Mention LawGuru and your first one hour consultation is free. Good luck! Rob Gleaner

Re: don't want ex-wife to be able to see daughter

Please be advised that I have not been retained to represent you and I am basing my response on the limited amount of information supplied. However, abandonment in the situation you describe will not terminate your ex-wife's rights to press for visitation or custody. You have the right idea with having your fiance adopt your child. Once the adoption is complete, your ex-wife will lose her rights because no child can have two "legal" mothers. At the beginning of the adoption process, your ex-wife will be notified of the pending adoption and at that time, she will have a right to be heard in Court. The Court will look to the "best interest of the child" and decide if the adoption can proceed or if your ex-wife should remain the child's mother in the "legal sense." Be prepared that this could get confusing for your child as the Court will want to interview her and get her decision as well. Your child's wishes will play a role in the Court's determination so if you choose to proceed with an adoption, you should talk to your child about your ex-wife before getting the ball rolling. If you wish to speak further about these issues, I can be reached at 908-537-7975. If you cannot afford an attorney, be advised that every county in New Jersey has a legal services agency which can assist those who qualify.