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Step Parent Adoption

  • 1.  Step Parent Adoption

    Posted 05-17-2016 09:29 PM

    Hi, all,

    I have a client who wants to do a step-parent adoption of his step-daughter. The issue is that his step daughter's birth father is no where to be found. I researched a bit and it seems to me as though I'd have to go through the motions and then file an affidavit of due diligence.

    HOWEVER, there is one caveat, and I don't know whether it makes a difference or not in this situation: he (the birth father) relinquished all of his rights as to the daughter in question in a court in Colombia (we have a copy of the Order). In this case, if I have the copy of the Order and a certified translation, is that enough not to have to go through the motions and try to serve him with the adoption complaint? Or would I still have to try to serve him and get an affidavit of due diligence?

    Any and all advice would be appreciated.

    Best,

    ------------------------------
    Aleksandra N. Gontaryuk, Esq.
    AG Law Group
    P.O. Box 244
    Metuchen, NJ 08840
    Tel.: 908.336.7550
    ------------------------------


  • 2.  RE: Step Parent Adoption

    Posted 05-17-2016 11:06 PM
    Call me. Unlikely NJ court will recognize a voluntary relinquishment unless similar to our Title 30 TPR process. Going through the motions is not what we call due process. 

    ================================
    Debra E. Guston, Esq.

    President-Elect - American Academy of Adoption Attorneys and American Academy of Assisted Reproductive Attorneys 

    201-447-6660



    Original Message


  • 3.  RE: Step Parent Adoption

    Posted 05-17-2016 11:08 PM
    Maybe we should all think about responding to the sender only instead of everyone every time



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  • 4.  RE: Step Parent Adoption

    Posted 05-18-2016 07:00 AM

    I prefer being copied on all replies. It is very educational in most cases and many times on point with some of my own matters. I find the emails particularly interesting when they are discussing issues with no clear answers. If it is something is of no interest to me it is a simple click to delete. For all of you who spend the most time sending insightful replies, thank you.

     

    Frank

    Frank J. Zinna, Esq.

    Piro, Zinna, Cifelli, Paris & Genitempo

    Limited Liability Company

    360 Passaic Avenue

    Nutley, NJ  07110

    973-661-0710 x 221

    Fax: 973-661-5157

    [email protected]

    www.pirozinnalaw.com

     

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  • 5.  RE: Step Parent Adoption

    Posted 05-18-2016 07:07 AM
    I agree - I prefer when the discussions stay fully online so we all have access to the thread.

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  • 6.  RE: Step Parent Adoption

    Posted 05-18-2016 07:36 AM

    I agree. I appreciate and learn much from the thoughtful replies.

     

     

     

     

     

     

    Teri S. Lodge, Esq.

    Afonso Baker Archie Foley & Lodge, PC

    21 Route 130 South

    Cinnaminson, New Jersey 08077

     

    (856)786-7000 (Office)

    (609)280-6291 (Cell) 

     




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  • 7.  RE: Step Parent Adoption

    Posted 05-18-2016 08:05 AM
    "Me too."  I agree with Teri & Rachel.  I learn a lot here. Carol

    Sent from my iPhone



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  • 8.  RE: Step Parent Adoption

    Posted 05-18-2016 08:07 AM
    Agreed!
    Thank you to everyone who takes the time to share their wisdom.
    Sam


    Sent from my iPhone 




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  • 9.  RE: Step Parent Adoption

    Posted 05-18-2016 09:17 AM

    I agree.  There are frequent discussions which affect something I am working on.  Sometimes they are just interesting.  But generally very worthwhile reading and following.

     

    Nancy D. Gold, Esquire

    1300 Route 73, Suite 211

    Mount Laurel, NJ 08054

    Phone: (856) 505-1700, ext. 207

    Fax: (856) 505-1710

     

     

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  • 10.  RE: Step Parent Adoption

    Posted 05-18-2016 09:31 AM

    Perhaps we can take this approach:  When an inquiry is made for a recommendation of a specific person or attorney, then the reply should be made directly to the inquirer.  For example, responses to postings such as, "Can someone recommend a matrimonial attorney in Sheboygan, Wisconsin?" or "We are looking for a Family Law associate for our Succasunna firm", the responses should be made directly to person who posted.  For discussions of law or legal situations, then the responses can be made to the group as a whole.

    ------------------------------
    Mitch Steinhart, Esq.
    Bergen County Board of Social Services
    Rochelle Park, NJ

    Original Message


  • 11.  RE: Step Parent Adoption

    Posted 05-18-2016 10:01 AM

    Isn't the purpose of a "listserve" to serve the list and engage in an open exchange? 

    ------------------------------
    Andrew Bestafka Esq.
    Freehold NJ
    (732)955-2050

    Original Message


  • 12.  RE: Step Parent Adoption

    Posted 05-18-2016 10:19 AM
    While I appreciate all of your replies, there has only been 1 so far that's even close to what I was asking for. I will post all replies (without detail about who sent them) once I get them for all. This way, it will preserve anonymity for those who want it and still relay the answers to those who are interested. However, I ask that you please stay on topic, or create a new message thread for the new topic of discussion.

    On Wed, May 18, 2016 at 10:02 AM, Andrew Bestafka via New Jersey State Bar Association



    --
    Aleksandra N. Gontaryuk, Esq.
    AG Law Group, LLC
    P.O. Box 244
    Metuchen, NJ
    tel: 908.336.7550
    fax: 908.379.8758
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  • 13.  RE: Step Parent Adoption

    Posted 05-18-2016 11:41 AM
    Regarding the step parent adoption. I would go through the process exactly as required when a biological parent cannot be served personally as whereabouts presently unknown. It will give the biological parent his due process rights in the adoption as determined by the State of NJ. To do otherwise also leaves open the possibility the bio parent may show up later and try to reverse the final NJ judgment of adoption. Of course, I would likely attach a certified translation of the Columbian court document in support of the step parent adoption and to provide the Court with all potentially relevant information.

    I probably wouldn't undertake the time and expense of trying to prove that the Columbian document is a valid foreign judgment granted under conditions which would satisfy a judge here that it should be enforced here to avoid the need for due diligence, etc. Not necessary. And it might not even be found enforceable. Unless I am missing something, always a possibility . . .


    Anne

    Anne Cralle, Esq.


    Sent from my iPad


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  • 14.  RE: Step Parent Adoption

    Posted 05-18-2016 10:29 AM
    Why?  We all can learn.
     
     
     
    DAVID MOLK, Esq.
    71 Mount Vernon Street
    Ridgefield Park, New Jersey  07660
    (201) 440-3400; Fax (201) 440-4347
     
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    On 05/17/16, William Berman via New Jersey State Bar Association<>org> wrote:
     
    Maybe we should all think about responding to the sender only instead of everyone every time -posted to the "Family Law Section" community

    Family Law

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    Re: Step Parent Adoption
    Reply to GroupReply to Sender
    May 17, 2016 11:08 PM
    William J. Berman, Esq
    Maybe we should all think about responding to the sender only instead of everyone every time


      Reply to Group Online   View Thread   Recommend   Forward  



     
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  • 15.  RE: Step Parent Adoption

    Posted 05-18-2016 12:01 PM

    I agree with Anne. She expressed it well.

    Proceed as if the foreign judgment did not exist, except to the extent it bolsters the adoption application.

    Hanan





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