Legal Question in Family Law in New Jersey

Step-parent adoptin

My husband and I have had custody of his 6 year old child for 3 years now. The mother saw little girl a hand full of times in the first year. Mom has not seen little girl in the past 2.

Mom was ordered to cover half of childs medical expencies(recieved nothing) and for the past 2 years mom was ordered to pay child support. We have recieved $650, mom owes over $4,000.

Mom is unable to hold down a job or keep a place to live for longer than a month. Mom is now in jail for a prole violation. After that sentence is done she will be transfered to the county where the child support was filed to serve time for that.

I understand that courts don't like to take parental rights away from a natural parent but... My husband would like full custody and I would like to adopt little girl. What kind of up hill battle are we in for?


Asked on 8/08/05, 2:27 pm

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Step-parent adoptin

Your question has a mixed message. First, there is desire for "full custody". There is no such term in custody law. I think that you are think of sole custody, but that still leaves the mother with visitation rights.

Your adopting the child is another matter. With the father's consent you can file a petition with

the family part to adopt the child and if the mother objects you can attempt to terminate her

parental rights on the theory that she has abandoned her parental rights through her absence. You should call me to discuss this matter.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 8/08/05, 3:54 pm


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