New Jersey Adoptions Legal Questions

Thank you for your question. I understand how concerned you must feel in having raised your niece’s daughter with your spouse and currently finding yourself facing a divorce. The short answer is that it may possible for the adoption to take place, however, it is fact sensitive and requires further discussion and analysis. I encourage you to contact an attorney to schedule a consultation to ensure that you are protected. ... Read More

Thank you for your question. It would be helpful to have a little more about your situation, but based upon what you’ve shared here, your mom would need to file her own application, you cannot file on her behalf. However, anyone can file an adoption complaint in New Jersey.  I understand that you need answers and need to protect yourself. I strongly suggest that you schedule a consultation with a family law attorney who has experience in adoptions as soon as possible, so that you can understand the implications for you.... Read More

Thank you for your question.  I know how worried you must be about finalizing the adoption of your son.  The short answer is that you should immediately contact an experienced family law lawyer.  In New Jersey, a private adoption can be finalized as long as the proper paperwork is filed with the court and the proper procedures are followed.  Unlike Kentucky, New Jersey will recognize and finalize private adoptions as long as New Jersey adoption law is followed.  There are several requirements that have to be followed.  It is important to consult with an experienced adoption law attorney to ensure that all of the appropriate paperwork is filed on a timely basis and that all of the local surrogate’s office procedures are followed so that your adoption can be finalized quickly.   It is important to protect your interests and have  an experienced family law lawyer advocate for your interests and ensure that both you and your sons rights are protected.  I hope this information was helpful to you.... Read More

Thank you for your question.  I know how worried you must be about your appeal rights and your mother’s visitation rights.  The short answer is that your mother may possibly have visitation rights and you may have further appeal rights.  With respect to your mother’s visitation rights, in some limited instances, depending upon the circumstances, it might be possible for the court to entertain a “grandparent” visitation application post-adoption.  There are several factors the court will consider when deciding whether or not your mother is entitled to grandparent visitation.  Additionally, depending upon which level of the appeal process you are in, you may have additional appeal rights.  However, there are very strict deadlines for filing any additional appeals.  You should therefore immediately contact an experienced family law attorney to protect your interests and ensure that your rights are preserved.   I hope this information was helpful to you.... Read More

If the agency committed fraud and they are located in NJ, then you can reach out to any attorney that handles civil litigation and suits for debts. If there are possible criminal charges against them you would have to take that up with a county prosecutor or perhaps even the Federal Gov't if this is an internationally (foreign) based agency that does business here in the US.... Read More

It is advisable to have an attorney represent you through the step-parent adoption process.  There are a number of hurdles that can be challenging to overcome for a person representing herself. To complete the adoption process, the non-custodial, biological parent must relinquish his paternal rights. This means that the non-custodial parent no longer has any legal rights or responsibilities for the child, including child support. The step-parent who adopts the child will thereafter be fully responsible for the child - both financially and legally. To file for step-parent adoption, a number of forms, reports and fees are needed including the following: Complaint, Verification, Consent or Proof of Service, Notice to Natural Parent, Child Abust Clearance, Criminal History Record Information fingerprint background checks and Domestic Violence Registry Check, to name a few. The clearances must be less than 12 months old at the time of the filing of the Complaint. These checks must be performed on the step-parent and on all persons residing in the adoptive applicant's home who are 18 years of age or older, except the natural parent. Adoptions of minor children and adults are filed in Surrogate Court in the county in which you live. Because of the complexity of the adoption process, it is suggested that you obtain an attorney who is familiar with the adoption process. For legal representation you can trust and rely upon for your adoption matter, contact the adoption attorneys at Weinberger Law Group, LLC today for a consultation. Call (888) 888-0919 to schedule a free consultation. You may find the following webpages informative: http://www.weinbergerlawgroup.com/children-parenting/adoption/ http://www.weinbergerlawgroup.com/children-parenting/adoption/step-parents-adoption.aspx http://www.judiciary.state.nj.us/rules/r5-10.html http://www.judiciary.state.nj.us/atlantic/adoption.html https://co.monmouth.nj.us/page.aspx?ID=1762  ... Read More

I do not believe you would have any rights to adopt this baby if the biological mother has agreed to allow some one else to adopt him.  She would also have to get the consent of the biological father.  She has parental rights, and has the right to choose who adopts her baby. ... Read More

In order to do a guardianship, a person is found legally incapacitated, I don't think you want that.  You are an adult, you can choose to live with your aunt, or you can give her a power of attorney so she can help you or she can become your conservator, but if you are not developmentally disabled, have special needs, or some other issue that renders you incapacitated, you should not do a guardianship. ... Read More

I'm not sure you are going to be able to get any medical records, if its not part of a court proceeding.  If your mother was claiming child support, or there was a paternity issue, then medical records, or at least a DNA test could be ordered.  Without that,  I'm not sure there are any circumstances under which you can require production of the medical records. ... Read More

I think you will need a lawyer to do this.  I don't know what you mean by "signed his right over".  The biological father will still have to be notified of the adoption and would still have the right to appear and object, although I don't think the objections would be given much merit if he has not seen the child and signed something believing he was giving up his rights to the child. ... Read More

Yes !!  New Jersey - like most states, allows for adult adoptions.  The person adopting you has to be at least ten years aolder than you, but you can be any age, there is no limit.  Its easy to do an adult adoption because you don't have to get the consent of the birth parents, because you are an adult and can consent for yourself. ... Read More

If you are only 16 you are not legally an adult and cannot file for yourself.  You would have to retain an attorney to act on your behalf  and your parents would have to agree to allow it to happen.  In some states you file to become emancipated, but in New Jersey, emancipation is only so that a parent does not have to pay child support to the ex-spouse.  There aren't any forms you can file to become emancipated.... Read More

Unfortunately, your mother probably did not have to sign anything but instead the State either took custody of the child and placed him or they actually severed her parental rights and did the adoption through what used to be called DYFS Division of Youth and Family Services.  It is now called Division of Child Protection and Permanency. You should start with that office as to any open case/file they may have for your mother or brother.   Good luck. ... Read More

I think this can be by agreement of the parties outside of the adoption, which would make it easier to stop the visitation if it proves to be harmful to the children.  Grandparents have very limited rights in New  Jersey.  If your client is willing to allow the grandparent to visit, then your client can set the terms of the visitation or can say there will be no visitation.  I don't believe that has to be part of the adoption.  ... Read More