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I was awarded sole legal and residential custody of both my boys. My oldest son was never adopted by his step father but the final divorce judgment states my ex-husband "was" the psychological father. My son is 14 years old. The divorce papers only grant child support for his biological son who is 11. There is a final restraining order against my ex and he has had no contact with either child since October of last year. According to the final judgment he must undergo a complete forensic psychiatric evaluation and 6 months batter's intervention before he can ask the court for visitation. My question is, being the Judge said "was" psychological father" is it over now? There was never a formal adoption and there is no child support for him. My son never wants to see him again or have any relationship with him. Does the ex have any rights to him? I can not afford an attorney and do not have an attorney. We live in Central Jersey
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If your ex has to complete the six month intervention before he can even apply for child support, chances are he will not be doing that at all, or if he does, not anytime soon. If your son is 14, the court will take into account his wishes with regard to visitation with his father, but it chances are that will never occur. when your son is age 18, he can have his step father adopt him without any notice or interference from his biological father. This is something you could probably do yourself using the forms on the NJ Judiciary website.
Answered on Jul 31st, 2014 at 7:48 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship