Legal Question in Family Law in New Jersey

Visitation rights of children that were abondoned

My two children from a previous relationship (not marriage) have been living with me and my new wife for the past 3 years. The children's mother, abondoned us when the youngest child was 2 months old. The children were in the natural mothers care 3 years ago for approximately 6 months, where they were abused and neglected. (we just found this out, now that they are in therapy as they have many emotional/behavioral problems). This weekend I received a court order that the mother wants visitation rights. What are my childrens rights? They are undergoing therapy to try and understand why their mother abused them and neglected them. They now consider my wife their ''mom'' although we have never forced the issue with them. The younger child has been suspended from KINDERGARTEN twice this year for his abusive behavior towards adults and now this woman wants to visit them????? If we (the step mother and I) want to adopt our children so that they can get the care and therapy they need, what can we do?


Asked on 6/09/03, 9:59 am

2 Answers from Attorneys
Bruce Matez Gerstein Grayson, LLP

Re: Visitation rights of children that were abondoned

Generally, unless one can prove that a parent is unfit, or that there is abuse/neglect of the children, the Court will grant a non-custodial parent visitation. Your current wife can seek to adopt the children, which would likely be contested by their mother. Generally, you would have to prove that she is unfit to parent them. However, the adoption statute is quite specific in what one needs to prove in order to terminate the parental rights of another. If you would like to further discuss this matter, please feel free to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.

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Answered on 6/20/03, 3:25 pm
Bernard J. Berkowitz Berkowitz & Raiken

Re: Visitation rights of children that were abondoned

First, you should seek legal advice for the Court hearing. She may be entitled to some kind of visitation, but you should get a letter from the children's threrapist with his/ her reccomendations. They will be considered by the Judge. As to adoption, you would need to terminate their natural mother's parental rights by filing a complaint with the Court and then seek adoption.

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Answered on 6/09/03, 10:56 am


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