Legal Question in Family Law in New Jersey

can my husband adopt my daughter

My daughter is 4 and a half and hasnt seen her natural father in 28 months. He has not contacted me in 6 months. I have sole custody. I do not recieve support and have never persued the issue. I have been married to my husband for a year and we would like to have him legally adopt my daughter. We live in NJ and have been here for a year and a half. The inital custody agreement was drawn in NY 3 years ago(where the natural father and I both lived at the time) Last I knew he was residing in FL. Do I deal with NJ law? Where do I start? and do we have a chance even if the natural father refuses to give up his rights?


Asked on 1/18/06, 1:48 pm

2 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: can my husband adopt my daughter

Under the circumstances that you've presented, it appears that your husband would have a pretty good chance of obtaining "father-status" even in a contested action. He should immediately obtain an attorney to begin processing the application. 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 a NJ Family Law attorney to discuss your matter in more detail. Only then will you be able to rely on the advice. Good luck! Rob Gleaner

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Answered on 1/18/06, 2:11 pm
Gary Moore Gary Moore Attorney At Law

Re: can my husband adopt my daughter

Your husband can adopt your daughter. He can file to adopt your daughter with your statment that you consent to same. Your husband must be served with the papers and given the opportunity to object to the proposed adoption. If he does not adopt the adoption should go through smoothly.

If your husband does object to the adoption you can proceed on a contested basis alleging that

the husband's parental rights should be terminated because he has failed to act as the father for a significant period reflecting his abandoning his parental rights.

You should click on my website address below and contact me.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 1/18/06, 6:01 pm


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