NJSBA Family Law Section

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Messy Custody Matter Involv. PA and Del. Child Services

  • 1.  Messy Custody Matter Involv. PA and Del. Child Services

    Posted 01-25-2019 09:25 AM
    Listmates:

    Looking for any input/caselaw re: messy custody matter w/ poss. term of parentl rts./adoption.

    Facts: In 2012, birth mom was investigated by Del. Ch. Services matter.  In subsequent Child Serv/GAL matter, Dad granted sole custody and mom prohibited from physical contact with child (now age 12), unless and until mom participated in psych evals/anger mgmt/therapy, none of which occurred.  Child has not seen mom since 2012.  Child's only contact w/ mom is by phone for a few minutes each Saturday.  Child no longer wants any contact with mom arising from mom's ever-increasing erratic behavior from untreated anger/mental illness(es), adversely affecting child's happiness and well-being.

    Mom, now in PA, has 3 other children from other relationships, all permanently removed by Pennsy Child Services.  

    Issue:  Father, now married, has lived in NJ with child since 2012, looking to term birth mom's parental rights and have wife adopt child, as wife has become psych parent.

    Am aware of R.H. v. M.K, 254 N.J. Super 480 (Ch. Div. 1990), addressing whether a parent can voluntarily terminate their rights, and NJSA 30:4C-15, invol. term of parental rights.


    Please feel free to contact off-list.  Thanks in advance for assistance.
       

    ___________________________________________________

    Reply to:

    Keith Hofmann, Esq.
    Hofmann Law Firm LLC
    100 Overlook Center, Fl. 2
    Princeton, NJ 08540
    T:  609 375-2049 (Office Direct Line)
    F:  609 228-5020 

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