NJSBA Family Law Section

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  • 1.  Order for adoption under new statute

    Posted 04-15-2021 04:17 PM

    Since the recently enacted adoption statute eliminates the need for a hearing in cases of second parent adoption (aka step parent adoption) where the adopting parent is married to or in a civil union with the birth parent, the child was conceived by assisted reproduction, there was an anonymous sperm donor, and both married or civil union parents are listed on the birth certificate, how has the Order/judgment of adoption changed?  Does one just eliminate the prior language about there having been a preliminary and final hearing?

     

     

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    Leslie A. Farber, Attorney at Law

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    From: Sadaf Trimarchi via New Jersey State Bar Association <[email protected]>
    Sent: Thursday, April 15, 2021 3:23 PM
    To: [email protected]
    Subject: RE: Family Law : Seeking Attorney willing to volunteer as a pro bono GAL for a 7 year old in Essex Co.

     

    Hi Tom, I made a motion to appoint a GAL given the child's age - old enough to talk to an attorney, too young to talk to the Judge.  Also,...

    New Jersey State Bar Association

    Family Law

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    Re: Seeking Attorney willing to volunteer as a pro bono GAL for a 7 year old in Essex Co.

    Apr 15, 2021 3:23 PM

    Sadaf Trimarchi, Esq

    Hi Tom,

    I made a motion to appoint a GAL given the child's age - old enough to talk to an attorney, too young to talk to the Judge.  Also, because I am asking that the Court waive fees, I hoped a GAL interview and report would make it simpler.  We have not had a best interest hearing yet, that has been reserved pending this motion.  So, my hope is that a report will convince the judge to return the child to his mom, which was the default custodial arrangement before the FRO upended things.  Client has been having unsupervised weekends and midweek visits.. but this has been going on for three years now.  Enough.

    Best,

    Sadaf



    ------------------------------
    Sadaf Trimarchi Esq.
    Law Offices of Sadaf Trimarchi
    River Edge NJ
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  • 2.  RE: Order for adoption under new statute

    Posted 04-15-2021 04:27 PM
    Leslie, the judgment, yes, should eliminate the reference to hearings AND MOST IMPORTANTLY state that the Court has subject matter jurisdiction under NJSA 9:17-69.

    All, as we have seen from adoptions that have been contested around the country where full faith and credit is an issue, the courts, including SCOTUS has ruled that as long as the adoption court has subject matter jurisdiction over the adoption, the judgment is entitled to full faith and credit.  PLEASE have a finding in your judgments that the court has subject matter jurisdiction and state the portion of the adoption statute from which that jurisdiction is derived.

    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


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    Adoption Director
    Past President
    Academy of Adoption & Assisted Reproduction Attorneys


           ANGEL IN ADOPTION RECIPIENT 2017