Legal Question in Family Law in New Jersey

Grandparent's Custody Rights

I have had temporary custody of my 2 grandchildren (ages 4 and 6) for over 3 years. The mother is my daughter and was addicted to drugs. She did a few months in jail and then went on methone. I let her move in last year and then she walked out after 9 months. She has been gone for 5 months and will dissapear for weeks at a time without contact. She says that I kicked her out but only the family knows that wasn't true. The kids counselor has suggested reframing from contact until she is stable. The kid's father lives out of state - he is the legal father of both but only the biological father of the boy. He is very nice and calls but hasn't seen the kids in over 4 years. I know if we were foster parents we could adopt but that as family custodians we have far fewer rights. Can she get them back easily (she HAD sole custody)? Can the father swoop in and take them? I am having nightmares afraid to do anything that will rock the boat and terrified to wait too long to make a move. Can anyone help?


Asked on 12/15/03, 3:02 pm

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Grandparent's Custody Rights

You can apply for custody based on the best interests of the child.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 12/15/03, 4:49 pm
Robert Gleaner Robert A. Gleaner, P.C.

Possibility of adoption by grandparent

You make a compelling argument for an adoption. Based on what you have said, it appears to me that after notice, you may not even receive an objection. You should immediately consult with an attorney to review all options. 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. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

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Answered on 12/15/03, 5:06 pm


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