Legal Question in Family Law in New Jersey
Step-parent adoption question
I have a 12 year old son, who hasn't seen his natural father in 7-8 years. There is a current court order for ''no contact'' and I also do not receive child support. It has been almost 8 years since he has seen him, and a little more than 7 since the order was entered, and he hasn't made any formal attempts to see my child. I am remarried with 2 more children, and my husband would like to adopt him, and my son would like to be adopted & change his (last) name.
Someone told me that my ex still has to consent to the adoption...because ''not seeing'' my son for years is not a good enough reason to terminate parental rights. Any info would be greatly appreciated...I cannot afford to spend alot of money on a fruitless effort. (I can always leave well enough alone, too...because I wouldn't want him to try to start seeing him again either, out of spite, just because I try to file a petition for adoption). Thank you very much.
2 Answers from Attorneys
Re: Step-parent adoption question
Under the circumstances that you've presented, it appears that your husband would have a pretty good chance of being successful in a step-parent adoption, even in a contested action. No one can gurantee whether he will be successful, however. Further, if your ex decides to contest that matter, he would need to show the Court that he is interested in the relationship, which would lead to visitation for him.
However, should you and your husband decide that you want to attempt to do this, you should both immediately obtain an attorney to review your course of action. 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 a NJ Family Law attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you mention Law Guru when you call me, your first one hour consultation will be free. Good luck! Rob Gleaner
Re: Step-parent adoption question
Your child's father seems to have abandoned his parental rights over the years. This can be the basis of your husband adopting your child even if the father objects to same.
In an adoption the adopting parent's name is placed on a revised birth certificate as a parent and the child's name would be changed to your husband's last name.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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