NJSBA Family Law Section

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  • 1.  FD custody & adoption

    Posted 03-09-2018 03:46 PM
    I don't do adoptions, but have a situation where some action needs to be taken now, with adoption the long-term goal.

    Is there any danger / problem / procedural issue with filing an FD Grandparents' visitation / custody action now, transferring residential custody to the grandparents via a consent order (everyone's on board) now, then later filing an adoption action?

    Thanks,

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    David Perry Davis, Esq.
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  • 2.  RE: FD custody & adoption

    Posted 03-09-2018 10:50 PM
    David,
    I do not see any problem with proceeding as you have indicated.  In fact, if there is any possibility that DCPP might get involved if the child(ren) continue to stay with the biological parents, then I would recommend transferring custody to the grandparents ASAP.  Although DCPP would look to place the child(ren) with relatives, if the agency thinks they are not safe with the parents, it is better if the family addresses the situation themselves without DCPP involvement.  The grandparents would have to meet all of the licensing standards of the agency, of which there are many, and the Division would most likely pressure the grandparents to adopt after the child(ren) is there for over a year, regardless of whether that is still the family's plan. 

    Perhaps I am assuming too much about the facts of your case, but I don't think there is any reason not to proceed as you have stated regardless.

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