Legal Question in Family Law in New Jersey
what are his rights?
My daughters father has not seen her in almost 2 years
and has not contacted me in over 6 months. I have never received child support.He called a friend of mine last week and left a message on her answering machine saying that he has been trying to contact me by phone and email, which is
untrue. I believe he is trying to set me up. We both
initially resided in upstate NY where a custody
agreement was drawn over 2 years ago giving me legal
custody.Since then he has moved to Florida and I
am living in New Jersey. I am married and in a very
loving and nurturing environment for my daughter. Her
father is a convicted felon and has been in and out of
jail numerous times. He has a long history of abuse
and drug use. He is very unstable. I believe it is in the best interest of my daughter to do something, I just don't know what.My husband would like to adopt her, and I would like to have her biological fathers rights taken away, I
don't even know if this is a possibility and i don't
know where to start. My daughter doesn't even remember
him, she had just turned 2 the last time she saw him 2 years ago.
2 Answers from Attorneys
Re: what are his rights?
Your situation is not uncommon, unfortunately. The law is not crystal clear as to when a father's rights to visit his child can be cut off, and the Judge would have to listen very carefully to the facts of the situation before deciding what is in the child's best interests. It would seem that a man with as many troubles as your child's father, living 1400 miles away, would have great difficulty in taking an active part in her life, in any circumstances.
I would be able to assist you in evaluating your options, seeking to cut off his rights and have your child adopted by your husband. This is not a simple situation, and it is not likely to be resolved very quickly. There will be some cost in proceeding with this, as well. However, your situation requires care in deciding what is best, and what is likely to give you the results you seek. You may contact my office at 973-890-0400. I would be pleased to assist you.
Bob Davies, Esq.
Re: what are his rights?
You can terminate the father's parental rights by having your new husband apply to adopt your child. Call me for more information.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
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