NJSBA Family Law Section

 View Only

  • 1.  KLG to Adoption Question

    Posted 10-22-2015 03:21 PM


    I have a client who has Kinship Legal Guardianship of his grandchildren (KLG in place for approximately 8 years).  Biological father (client's son) passed away after KLG was already in place.  Biological mother is objecting to the adoption request.  

    Client needs to adopt the children so they can be designated as beneficiaries on certain accounts.  Biological mother has not complied with DCP&P requirements and has only sporadically seen the children over the years and not for any extended period of time.

    I am uncertain as to how to proceed.  Specifically, whether my client would need to have the DCP&P terminate the biological mother's parental rights, or if we could proceed by way of a private, contested adoption. 

    I'd appreciate any thoughts and input you may have.  Thanks!

    ------------------------------
    Gregory Thomlison Esq.
    Toms River NJ
    (732)736-8100
    ------------------------------


  • 2.  RE: KLG to Adoption Question

    Posted 10-22-2015 03:27 PM
    Greg,

    KLG is intended to be a final and permanent resolution of a DCPP process.  The KLG should proceed with a private adoption complaint and process, on notice to the birth mother.  When I have done adoptions in these situations, I have also noticed DCPP so that they are aware of the adoption proceedings, but have never had the Division seek to intervene, as I have said, they look at the entry of a judgment of KLG to be a final resolution.


    =============================
    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.
    Thank you.














    Original Message