Legal Question in Family Law in New Jersey

Re: Voluntary termination of parental rights

Under most circumstances, you cannot voluntarily terminate your parental rights. More accurately, you cannot terminate your parental obligations. There are exceptions, such as where one parent remarries and the step-parent wants to adopt the child. However, all parental obligations for you will continue, no matter what your relationship is with the children or their father. Suggestion - there are social service agencies that may be able to assist you, including domestic abuse organizations. Also, if you have no money, each county has lawyer services for the poor. Contact your county's bar association. 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. Good luck! Rob Gleaner

Re: Non custodail mother signing over rights

Thank you for your inquiry. Please be advised that I have been retained to represent you and I am basing any information on the limited amount of information you supplied.

However, it seems as though you have a few issues.

1) If you have joint custody, you may enforce your rights to see your children and your ex-husband cannot prevent you from doing so.

2) If your husband assaulted you, was a police report filed? If so, the prosecutor's office should have a copy (they may not release the report to you because by law domestic dispute records are confidential and held by the prosecutor's office) but they should be able to assist you obtaining a restraining order. Even if there was no police report filed, restraining orders/proetction from abuse orders are not difficult to obtain and you should not have a problem if you contact the local prosecutor.

3) I have never been asked by anyone to voluntarily give up all legal rights to a child and I don't know if your parental obligations can volutarily be given up. Even if your ex-husband gains sole custody, you may still be obligated to provide some support and care. However, be very careful with any decision involving giving up rights to your children because they may be difficult to restore at a later time if you so desire and if your husband gets sole custody and you give up your rights, you will have no further say in your children's lives, health, welfare, education or future and you may be prevented from seeing them or prevented from allowing your ex-husband to move out of state with them. Make sure you are firm in this decision before you pursue it because it has consequences.

If you wish to retain me to assist you I would be happy speak with you. You can call me at 908-537-7975. If you cannot afford an attorney, contact your local legal aid for your County. If your financial situation meets the criteria, they will assit you for free.

GOOD LUCK

Re: Non custodail mother signing over rights

Dear Madam; Thank you for your e-mail concerning your decision regdg custody of your children. I strongly advise you to NOT make any life-long decision, such as this, without personal consulting with an attorney. Whether your husband has joint or sole custody will not relieve you of any financial responsibilities to your children. (In fact, if he has sole custody, your child support could be higher.) Please do not make decisions that you may regret later, because you feel you are in a crisis. You should speak with an attorney to learn your rights. Our firm has experienced family law attorneys who could provide guidance and representation for you. Please call for a consultation (856-795-6700). If you cannot afford counsel, you may wish to call the Legal Services Center in your county. K.R. Scheiner