Legal Question in Family Law in New Jersey
Paternity, Right Termination and Step-parent adoption
I'm seeking guidance on something that I have put off doing for far too long.
I have a 7 1/2 yr old daughter and I am not sure who her bio. father is. I'm 90% sure but I will need a paternity test to confirm.
The complication is that I don't really know the 2 potential fathers and have had no contact with either since. They were friends of a suitemate in college and we met at a party there. I was depressed & intoxicated and behaved poorly and quite out of character. The one that I believe to be the father has parents that I believe are listed in the white pages & he may live with them. That's all I know.
Each potential father believed the other was the father and denied paternity at the time. I had to leave school
I'm newly married and my husband wishes to adopt my daughter. He's been in our lives for 6 yrs. She calls him ''Daddy'' and loves him very much. I've put off solving this problem for fear of embarrassment, attorney fees and the sudden development of a conscience by this person of questionable character.
My daughter bears my maiden name, while our new baby and I bear my husbands last name. She feels excluded.
I need to resolve this issue for many reasons... Please help. I don't know where to begin.
2 Answers from Attorneys
Re: Paternity, Right Termination and Step-parent adoption
The starting point should be for your husband to retain an attorney experienced in adoptions and begin the formal adoption process through the Courts. There are specific New Jersey statutes dealing with adoptions. As part of the adoption process you will be asked to prepare an affidavit concerning your daughter's parentage. If you are unaware of who the father is then the affidavit will state that. If you have the names of either of the two possible fathers then possibly some research into that will be necessary as they may have to be notified of the adoption proceeding. Based on what you've provided, it would be unlikely that either would participate or object. So, first step again is for your husband to retain counsel. Good luck.
Drew Hurley, Esq.
Re: Paternity, Right Termination and Step-parent adoption
An adoption requires that a notice of same be sent to the father of your child. The simplist thing to do is to send a notice to both men at their last known addresses. Locating the men requires only a last known address for each man.
On the other hand, you might be able to simply give notice to the one you are 90 per cent certain is the father, since both men denied paternity. This is probably the more prudent and less embarressing approach.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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