NJSBA Family Law Section

 View Only
Cosmo Lex
Back to discussions
Expand all | Collapse all

Post-divorce adoption quagmire

  • 1.  Post-divorce adoption quagmire

    Posted 10-03-2013 07:18 PM
    Parties want to file for divorce (uncontested).  Four year old son.  My client is not the biological father, but the child thinks he is and my client is the "dad" in all but biology.

    The biological dad is under a support order, but has never even seen the child (mom has sole legal, he has no parenting time).  He's 100% on board with my client taking over all rights and responsibilities.

    I've advised my client that I believe he can still adopt the child, but that it would be a better idea to wait until the divorce is over.  I don't think being divorced will cause a problem with him adopting the child, but for e.d. and other reasons, he needs to get divorced sooner rather than later.  I'm hardly an adoption expert, but I would think that having joint legal and shared residential under the FM would help in the adoption process (?).  These are uncharted waters, at least for me.

    Bio dad is willing to sign off on anything presented (including committing himself to cooperate with future adoption proceedings).  I'm going to allege in the complaint that my client is the psychological parent of the child, and the PSA will grant him and mom joint legal and shared residential custody and, pending the adoption, my client will take over the bio dad's CS obligation (higher than what client would otherwise have to pay) and then, after the adoption, apply the guidelines.

    The caption would be:

    Client
        Plaintiff
           vs.
    Wife
    Child's bio dad
        Defendants

    And then in the complaint I'll list relief "as to [Wife]" in Count I, and relief "as to [bio dad]" in Count II? 

    Anyone still reading to this point see any glaring errors in the above?

    Thanks,

    -------------------------------------------
    - Dave

    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
    -------------------------------------------