Legal Question in Family Law in New Jersey

Teenager wishes to be adopted by stepdad

My Daughter is 13 (will be 14 in May), is there any way of her divorcing or terminating her biological fathers rights? He owes more than $16,000 in child support, he moved to Florida a little over 2 years ago and sees her maybe 2 times a year. He misleads her and she's on an emotional roller coaster, she says she can't take it anymore and she wants to take on my husbands name who has been in her life since she was 9 months old. Biological dad only started to see her again after I called him to ask him to give up rights when she was about 4 and has been in and out of her life since than. What are her rights?


Asked on 2/25/04, 10:10 pm

2 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Teenager wishes to be adopted by stepdad

The only way you can find out is to have the stepdad start adoption proceedings. If the biological dad objects, he will have to establish, among other things, that he did not abandon his daughter. You should seek the advice of an attorney on this important issue. Keep in mind that this advice is based purely on the bare facts that you have given me here. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with an attorney. I would be happy to discuss this matter with you if you would call me at 856-546-8010. Mention Law Guru and your first one hour consultation is free. Good luck! Rob Gleaner

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Answered on 2/26/04, 9:18 am
Gary Moore Gary Moore Attorney At Law

Re: Teenager wishes to be adopted by stepdad

You seem to be asking whether your daughter can divorce her father. I think the question is whether your husband can adopt your daughter over the objection of her father.

Where a parent fails to comply with parental responsibilities over a long period of time

and is virtually absent from a child's life a court can terminate the parental rights of the parent in favor of the adopting parent.

A careful examination of the history of the father's performance of his parental role is required before an informed opinion can be as to the likelihood of terminating the father's parental rights.

Consult with an attorney.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 2/25/04, 11:19 pm


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