Legal Question in Family Law in New Jersey

Will my daughter have rights

I've raised my 12 yr old daughter since 10 mos. old, i also have a son with her dad who will be 9; although her dad and I are no longer together he if very much involved in their lives--both children live with me as it was in our childrens best interest never to separate them. Now we learn her biological mother who's been in and out of jail for drugs, alcohol and robbery is out once again and might consider going for custody of our daughter, my daughter just learned I am not her biological mother and is so upset and worried she's going to be taken away....she begs me to please not let anyone take her away from me...Does she have any rights and I do I have rights as a non-parent who's raised her, her whole life? She doesnt even want to go live with her dad...Don't know how to go about; her dad and I have a great relationship when it comes to our kids; but I've been the one mainly involved in her life in all aspects.


Asked on 12/30/02, 10:39 am

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Will my daughter have rights

A parent may abandon her parental rights through absence and thereby become vulnerable to an adoption petition filed by the person caring for the child where the other parent consents to the adoptiion. The adoption, if successful, would terminate the absent parent's parental rights and make the adoptive parent the child's parent as a matter of law. The longer the absence the greater the chance of prevailing in a contested adoption action. You should call me at 800 273 7933 to provide more information so that I can give you an opinion based on better information

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Answered on 12/30/02, 11:02 am


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