NJSBA Family Law Section

Good Morning

I have a client who resides in Pennsylvania with his young child.  The child was jointly adopted by same sex partners in PA in December 2012.  The child has resided in PA since Dec. 2012 and continues to reside there making PA the child's home state.

The Dads entered a civil union in N.J. in 2011.  The parties separated in November 2013 and had a custody agreement drafted in N.J. stating that the PA partner would have sole legal and physical custody of the child and N.J. law would apply.

PA will not dissolve the civil union. NJ will dissolve the Civil Union provided one partner resides in NJ for a year. 

While it is my understanding that NJ does not have jurisdiction over the child, however, may I incorporate the Custody Agmt. into a NJ civil union dissolution once the residency requirement in NJ is met by the one partner who moved back to NJ.?

The parties are also discussing termination of parental rights.  Does anyone know a PA family lawyer to discuss undoing the joint adoption and terminating parental rights. 

Any thoughts and referrals would be greatly appreciated.

Thank you.

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Angela Tafro Esq
Smith & Doran, P.C.
Morristown NJ
(973)292-0016

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Where in PA do the PA partner and child live?

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Lise Fisher Esq
Gibbsboro NJ
(856) 741-0246
(215) 731-1300 (PA)

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Original Message:
Sent: 04-08-2014 11:33
From: Angela Tafro
Subject: Pennsylvania Attorney referral

Good Morning

I have a client who resides in Pennsylvania with his young child.  The child was jointly adopted by same sex partners in PA in December 2012.  The child has resided in PA since Dec. 2012 and continues to reside there making PA the child's home state.

The Dads entered a civil union in N.J. in 2011.  The parties separated in November 2013 and had a custody agreement drafted in N.J. stating that the PA partner would have sole legal and physical custody of the child and N.J. law would apply.

PA will not dissolve the civil union. NJ will dissolve the Civil Union provided one partner resides in NJ for a year. 

While it is my understanding that NJ does not have jurisdiction over the child, however, may I incorporate the Custody Agmt. into a NJ civil union dissolution once the residency requirement in NJ is met by the one partner who moved back to NJ.?

The parties are also discussing termination of parental rights.  Does anyone know a PA family lawyer to discuss undoing the joint adoption and terminating parental rights. 

Any thoughts and referrals would be greatly appreciated.

Thank you.

-------------------------------------------
Angela Tafro Esq
Smith & Doran, P.C.
Morristown NJ
(973)292-0016

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Call me!
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Debra Guston Esq.
Glen Rock NJ
(201)447-6660

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Original Message:
Sent: 04-08-2014 11:33
From: Angela Tafro
Subject: Pennsylvania Attorney referral

Good Morning

I have a client who resides in Pennsylvania with his young child.  The child was jointly adopted by same sex partners in PA in December 2012.  The child has resided in PA since Dec. 2012 and continues to reside there making PA the child's home state.

The Dads entered a civil union in N.J. in 2011.  The parties separated in November 2013 and had a custody agreement drafted in N.J. stating that the PA partner would have sole legal and physical custody of the child and N.J. law would apply.

PA will not dissolve the civil union. NJ will dissolve the Civil Union provided one partner resides in NJ for a year. 

While it is my understanding that NJ does not have jurisdiction over the child, however, may I incorporate the Custody Agmt. into a NJ civil union dissolution once the residency requirement in NJ is met by the one partner who moved back to NJ.?

The parties are also discussing termination of parental rights.  Does anyone know a PA family lawyer to discuss undoing the joint adoption and terminating parental rights. 

Any thoughts and referrals would be greatly appreciated.

Thank you.

-------------------------------------------
Angela Tafro Esq
Smith & Doran, P.C.
Morristown NJ
(973)292-0016

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Also, as I have "ranted" about in the past - why would anyone support the voluntary termination of parental rights.  No state allows for an adoption judgment to be vacated unless there has been fraud (usually this is in favor of a birth parent) or as in one NJ reported case when an adult who was adopted as a child seeks a judgment vacating the adoption and the court finds it is in the adult's best interest.

Of what possible interest could there be for the "undoing" of a joint adoption other than a parent wishing to escape support or a another wishing to punish the other?  I cannot think of any LGBT attorney I know in PA or Fellow of the American Academy of Adoption Attorneys in PA who would even venture to consider this.  If a parent is unfit - then call DCF, if not, he is a parent and needs to live up to his obligations and share in the joys.

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Debra Guston Esq.
Glen Rock NJ
(201)447-6660

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Original Message:
Sent: 04-08-2014 11:33
From: Angela Tafro
Subject: Pennsylvania Attorney referral

Good Morning

I have a client who resides in Pennsylvania with his young child.  The child was jointly adopted by same sex partners in PA in December 2012.  The child has resided in PA since Dec. 2012 and continues to reside there making PA the child's home state.

The Dads entered a civil union in N.J. in 2011.  The parties separated in November 2013 and had a custody agreement drafted in N.J. stating that the PA partner would have sole legal and physical custody of the child and N.J. law would apply.

PA will not dissolve the civil union. NJ will dissolve the Civil Union provided one partner resides in NJ for a year. 

While it is my understanding that NJ does not have jurisdiction over the child, however, may I incorporate the Custody Agmt. into a NJ civil union dissolution once the residency requirement in NJ is met by the one partner who moved back to NJ.?

The parties are also discussing termination of parental rights.  Does anyone know a PA family lawyer to discuss undoing the joint adoption and terminating parental rights. 

Any thoughts and referrals would be greatly appreciated.

Thank you.

-------------------------------------------
Angela Tafro Esq
Smith & Doran, P.C.
Morristown NJ
(973)292-0016

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