Legal Question in Family Law in New Jersey
Non Parental custody
14 years ago a couple I knew said that they didn't want their then 6 mo. old child and left the baby with me. The child is now 14 years old and I was just served court papers from his biological mother fighting to get custody of ''my'' son. In the years that I've had the child I signed him into school, clothed, provided medical care, etc. I did any and everything a mother would do for her child. His biological mother and father never even gave him a birthday nor Chirstmas card. They never called him. They never did anything for him. The only contact we would ever have with them was if we ''ran'' into them in the store or on the streets. I never asked them for child support or anything else for him. 2 wks ago he didn't come home from school and I was going crazy looking for him. His biological mother called just as I was about to call the cops to say that she had him and that she would be bringing him home later that evening. She has never bought him back. I never thought to try and gain custody of him because they never gave me any problems in 14 yrs. Now I wish that I did. Also I had this boy since I was 17, a child myself. I quit school to care for a child that his parents never wanted and I never looked back. What are my rights?
3 Answers from Attorneys
Re: Non Parental custody
If no legal adoption proceeding ever took place in the past, then the biological parents may well have legal custody rights, and these rights may well be superior to your own rights, whatever those may be.
It is unclear from your question what you think you should be entitled to. It is not unusual for persons to act in a caretaker or guardianship role for a child for a long period of time on a voluntary basis. That does not make them the legal "parents" of the child, however, which must be done through an adoption proceeding.
You need to consult with an attorney to determine whether you have a claim to custody, visitation, and perhaps reimbursement for your expenses of raising the child.
Re: Non Parental custody
I strongly and truly suggest that you IMMEDIATELY retain an attorney in your area that specializes in family law. If you cannot afford an attorney, then call Legal Aid in your county. I wish you all the best.
Re: Non Parental custody
You are entitled to fight for custody or even to adopt the child based upon the the parents failure to meet their parental obligations for so long; the fact that the child knows you as his mother and the fact that it would be in the best interest of the child that he be with you.
An application for emergency relief should be filed so that the child may be returned to you while the issue of custody and adoption are resolved in court.
Call me if you have further questions.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
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