NJSBA Family Law Section

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  • 1.  Adoption Questions

    Posted 01-10-2023 07:47 PM
    Hello,

    I have represented the biological mom in NJ of the course of several years of litigation against the biological dad who lives in New Mexico.

    Dad has decided he wants to walk away from the special needs child, and everyone agrees that is best.

    Biological mom's brother agrees to adopt the child, he lives in California.  He and his wife have done background checks through an agency in NJ.

    Can biological dad just sign a Consent to Adoption form and the Notice of Parental Rights (Non-Agency Placement) form?  Or is it way more complicated?

    Are there any jurisdictional issues or can NJ handle it?  It's where the child has resided and will continue to reside.

    Thank you in advance, it would be nice to wrap this up easily.

    ------------------------------
    Jessica N. Mazur, Esq.
    Hoagland, Longo, Moran, Dunst & Doukas, LLP
    Partner and Chair of the Family Law Department
    Certified by the NJ Supreme Court as a Matrimonial Law Attorney
    Court Appointed Rule 1:40 Mediator
    Offices:
    169 Maple Avenue, Red Bank, NJ
    40 Paterson Street, New Brunswick, NJ
    732-545-4717
    [email protected]
    ------------------------------


  • 2.  RE: Adoption Questions

    Posted 01-10-2023 08:05 PM
    Jessica,

    You have a big problem and that is a jurisdictional one.  NJ is unlikely to exercise jurisdiction over an proposed adoptive parent who resides in another state.  The venue for NJ adoptions is in the county where the adoptive parent resides.

    If the idea is for the uncle and aunt to adopt - terminating the rights of both biological parents, then they would need to do so in CA and this would be a private placement - or mom could do an identified surrender to a CA agency. Or CA family has a home study done there and NJ mom surrenders to NJ agency on an identified NJ surrender. Either was would be at risk as far as the bio dad is concerned if he objects at some point before his rights are terminated.

    If bio mom wishes to retain her rights with her brother being a co-parent, I do not see that NJ has jurisdiction/

    I have done one adoption where bio mom had her sister adopting as a co-parent, but they were both NJ residents.


    Deb Guston
    =============================.
    (she/her/hers)
    Debra E. Guston, Esq., C.A.E.
    Guston & Guston, L.L.P.
    55 Harristown Road, Suite 106
    Glen Rock NJ 07452
    (201) 447-6660
    Fax (201) 447-3831


    I will return your email as soon as possible.  Not all emails are read or reviewed in real time.

    If this is an emergency, please call the office during our current hours 8:30 am - 4:00 pm or  dial extension 25. Voice mail left at this extension will be monitored during the business day only.

    Guston & Guston remains open for business. In keeping with guidelines for reduced contact, we have in-office staffing from 8:30 am - 3:30 pm Monday through Friday. We are presently scheduling in-office meetings as needed. We can also schedule a phone or video conference and can accommodate will signings and other document execution in a safe manner.  Masks are required in our office for the protection of our staff and clients.

    Please take care of yourself and your family and we look forward to speaking with you and seeing you soon. 

    Adoption Director, Past President
    Academy of Adoption & Assisted Reproduction Attorneys


           ANGEL IN ADOPTION RECIPIENT 2017

      






    Original Message


  • 3.  RE: Adoption Questions

    Posted 01-10-2023 08:37 PM
    And Bill Singer reminds me that if they want to get qualified counsel in CA - they may have success at an adoption where mom keeps her rights and the uncle and aunt are added as legal parents and the bio dad's rights are terminated.

    I still don't see NJ jurisdiction.


    Deb Guston
    =============================.
    (she/her/hers)
    Debra E. Guston, Esq., C.A.E.
    Guston & Guston, L.L.P.
    55 Harristown Road, Suite 106
    Glen Rock NJ 07452
    (201) 447-6660
    Fax (201) 447-3831


    I will return your email as soon as possible.  Not all emails are read or reviewed in real time.

    If this is an emergency, please call the office during our current hours 8:30 am - 4:00 pm or  dial extension 25. Voice mail left at this extension will be monitored during the business day only.

    Guston & Guston remains open for business. In keeping with guidelines for reduced contact, we have in-office staffing from 8:30 am - 3:30 pm Monday through Friday. We are presently scheduling in-office meetings as needed. We can also schedule a phone or video conference and can accommodate will signings and other document execution in a safe manner.  Masks are required in our office for the protection of our staff and clients.

    Please take care of yourself and your family and we look forward to speaking with you and seeing you soon. 

    Adoption Director, Past President
    Academy of Adoption & Assisted Reproduction Attorneys


           ANGEL IN ADOPTION RECIPIENT 2017

      






    Original Message