NJSBA Family Law Section

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  • 1.  Adoption/Custody/SIJS

    Posted 11-25-2019 04:39 PM

    Hi all,

     

    I am working on an immigration matter where the client (per se adoptive) mom essentially bought her child from another woman in her home country. She obtained a REAL birth certificate stating that client was the child's mom (apparently, this is normal in home country to issue these). Now, I am looking to file SIJS in family court and, specifically, trying to figure out what kind of application I could file. No dad is listed on birth cert. Can I file sole custody motion for this client to get SIJS order despite her not being real adoptive mom? Any and all help and input would be highly appreciated.

     

    Thanks,

     

    Aleksandra N. Gontaryuk, Esq.

    AG Law Firm

    711 Jersey Ave.

    Suite 201

    New Brunswick, NJ 08901

    Tel.: 908.336.7550

    Fax: 908.379.8758

    www.aglawnj.com

     

    This email message has been sent by an attorney and may contain information that is confidential, privileged and/or otherwise exempt from disclosure. In the event that you are not the intended recipient of this email, this message shall serve as formal notification that you are not authorized to read, print, retain, copy, publish, forward, discuss and/or otherwise disseminate this message, any portions hereof, and/or any attachments hereto. In the event that you erroneously received this email message, kindly delete same from your system without reading the content and immediately inform the sender of the inadvertent transmission. You are further notified that the sender does not intend to waive any privileges, including the attorney-client privilege, that may attach to this communication and any of the materials that may be included as attachments hereto. Thank you for your anticipated cooperation.

     



  • 2.  RE: Adoption/Custody/SIJS

    Posted 11-25-2019 07:22 PM
    "Bought" the child?  I don't think if there was child trafficking or some other illegal or immoral activity there would be a good basis for SIJ predicate findings in a custody proceeding.  I suppose that selling your child would be considered abuse/neglect or abandonment, but there would be the question as to whether the "buyer" is  the proper person to be considered a custodial parent in the best interest of the child.

    If there is no father on the birth certificate, the applicant for custody would have to present a statement and testimony that they do not know who the father is and there is no reasonable way to identify someone.

    I'd be happy to talk this through with you, but this seems fraught with possible problems and needs a very thorough examination.


    Deb Guston


    Past President,
    Academy of Adoption & Assisted Reproduction Attorneys


           ANGEL IN ADOPTION RECIPIENT 2017



    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 regular business hours.
    =============================
    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

    _____________________________
    This message is covered by the Electronic Communications Privacy Act, Title 18, U.S. Code §2510-2512.
    This e-mail message and any attached files are the exclusive property of the law firm of Guston & Guston, L.L.P. and are subject to copyright.
    This communication is deemed privileged and confidential and is intended only for the person or entity to which it is addressed.
    Any unauthorized review, use, disclosure, or distribution is prohibited.
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  • 3.  RE: Adoption/Custody/SIJS

    Posted 11-25-2019 07:36 PM
    She 'effectively' did an out of court adoption. The mother of the child didn't want him and decided to give him up to the adoptive mom, but yes, for money. The actual mother who bore the child gave him up to a willing parent. We're not talking about child traffickers but people from rural places who do not know better.

    Aleksandra N. Gontaryuk, Esq.
    AG Law Firm
    711 Jersey Ave., Suite 201
    New Brunswick, NJ 08901
    Tel.: 908.336.7550
    Fax: 908.379.8758

    This email message has been sent by an attorney and may contain information that is confidential, privileged and/or otherwise exempt from disclosure. In the event that you are not the intended recipient of this email, this message shall serve as formal notification that you are not authorized to read, print, retain, copy, publish, forward, discuss and/or otherwise disseminate this message, any portions hereof, and/or any attachments hereto. In the event that you erroneously received this email message, kindly delete same from your system without reading the content and immediately inform the sender of the inadvertent transmission. You are further notified that the sender does not intend to waive any privileges, including the attorney-client privilege, that may attach to this communication and any of the materials that may be included as attachments hereto. Thank you for your anticipated cooperation.





    Original Message


  • 4.  RE: Adoption/Custody/SIJS

    Posted 11-25-2019 07:50 PM
    The client is going to have to give the court the circumstances of how the child came into her care and the birth mother will have to be served with notice of the action and hearing date. NJ law would not recognize the birth certificate, no matter how obtained, as proof of parentage (see In Re: T.J.S.) so at this point, this woman has no legal relationship with the child.  The only way you could prove some sort of "adoption" that should be given comity recognition from the home country would be to have a ruling from a court there.  I also have some reservations about SIJ, as it is the applicant that brought the child here, not a child arriving unaccompanied or a child brought here by the parent and abandoned here.

    What county would this be filed in?

    Deb Guston


    Past President,
    Academy of Adoption & Assisted Reproduction Attorneys


           ANGEL IN ADOPTION RECIPIENT 2017



    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 regular business hours.
    =============================
    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

    _____________________________
    This message is covered by the Electronic Communications Privacy Act, Title 18, U.S. Code §2510-2512.
    This e-mail message and any attached files are the exclusive property of the law firm of Guston & Guston, L.L.P. and are subject to copyright.
    This communication is deemed privileged and confidential and is intended only for the person or entity to which it is addressed.
    Any unauthorized review, use, disclosure, or distribution is prohibited.
    If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.




    Original Message


  • 5.  RE: Adoption/Custody/SIJS

    Posted 11-25-2019 08:05 PM
    "Bought" the child?  I don't think if there was child trafficking or some other illegal or immoral activity there would be a good basis for SIJ predicate findings in a custody proceeding.  I suppose that selling your child would be considered abuse/neglect or abandonment, but there would be the question as to whether the "buyer" is  the proper person to be considered a custodial parent in the best interest of the child.

    I'd be happy to talk this through with you, but this seems fraught with possible problems and needs a very thorough examination.

    Deb Guston


    Past President,
    Academy of Adoption & Assisted Reproduction Attorneys


           ANGEL IN ADOPTION RECIPIENT 2017



    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 regular business hours.
    =============================
    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

    _____________________________
    This message is covered by the Electronic Communications Privacy Act, Title 18, U.S. Code §2510-2512.
    This e-mail message and any attached files are the exclusive property of the law firm of Guston & Guston, L.L.P. and are subject to copyright.
    This communication is deemed privileged and confidential and is intended only for the person or entity to which it is addressed.
    Any unauthorized review, use, disclosure, or distribution is prohibited.
    If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.




    Original Message