NJSBA Family Law Section

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  • 1.  Referral/suggestions Grandparents custody

    Posted 05-13-2022 11:31 AM
    Grandparents live in New Jersey.  Granddaughter just born in Florida drug addicted.   Grandparents son who is also a drug addict and currently in treatment in Florida is the father of the baby.  He has a long history of drug abuse.  Mother of baby is in Florida and is also drug addicted with long history of drug abuse.  Mother is being sent to treatment in Florida while hospital cares for baby who is currently quite ill.   New Jersey grandparents want custody to care for baby once released from hospital.  

    Baby is in Valousia County Florida

    Someone at Middlesex County courthouse gave grandparents a form application for temporary custody.  They are uncomfortable doing this themselves.    Is this even the proper procedure for this situation?

    Referrals, suggestions appreciated.  I'm not handling this one just trying to help get them to someone.   Thanks.


    ------------------------------
    Meredith Allen Esq.
    Green Brook NJ
    [email protected]
    ------------------------------


  • 2.  RE: Referral/suggestions Grandparents custody

    Posted 05-13-2022 11:34 AM
    How does New Jersey have jurisdiction over this Florida-born child?  They need to contact Florida counsel and Florida CPS to work this out.

    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


    I will return your email as soon as possible.  Not all emails are read or reviewed in real time.

    If this is an emergency, please call the office during our current hours 8:30 am - 4:00 pm or  dial extension 25. Voice mail left at this extension will be monitored during the business day only.

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    Please take care of yourself and your family and we look forward to speaking with you and seeing you soon. 

    Adoption Director, Past President
    Academy of Adoption & Assisted Reproduction Attorneys


           ANGEL IN ADOPTION RECIPIENT 2017

        






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  • 3.  RE: Referral/suggestions Grandparents custody

    Posted 05-13-2022 11:59 AM
    That's what I thought too.  That's why I asked them what county in Florida.  If anyone knows an attorney to refer them to in Florida, I'd appreciate it.  

    Sent from my iPhone



    Original Message


  • 4.  RE: Referral/suggestions Grandparents custody

    Posted 05-13-2022 12:01 PM

    I don't know if they are in the same area, but Ingrid is great:

     

    Ingrid M. Hooglander, Esquire

    Senior Attorney

    Brandon Legal Group, PLLC

    p: 813-902-3576 | f: 813-436-8470

    a: 1209 Lakeside Drive

         Brandon FL, 33510

    e: [email protected]

    w: www.BrandonLegalGroup.com

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  • 5.  RE: Referral/suggestions Grandparents custody

    Posted 05-13-2022 12:04 PM
    Try:

    Katie Jay

    12 SE 7th StreetFort Lauderdale FL 33301, US

    She is a great adoption and child welfare attorney and may be able to help.

    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


    I will return your email as soon as possible.  Not all emails are read or reviewed in real time.

    If this is an emergency, please call the office during our current hours 8:30 am - 4:00 pm or  dial extension 25. Voice mail left at this extension will be monitored during the business day only.

    Guston & Guston remains open for business. In keeping with guidelines for reduced contact, we have in-office staffing from 8:30 am - 3:30 pm Monday through Friday. We are presently scheduling in-office meetings as needed. We can also schedule a phone or video conference and can accommodate will signings and other document execution in a safe manner.  Masks are required in our office for the protection of our staff and clients.

    Please take care of yourself and your family and we look forward to speaking with you and seeing you soon. 

    Adoption Director, Past President
    Academy of Adoption & Assisted Reproduction Attorneys


           ANGEL IN ADOPTION RECIPIENT 2017

        






    Original Message


  • 6.  RE: Referral/suggestions Grandparents custody

    Posted 05-13-2022 05:45 PM

    Meredith-hospital should have contacted the equivalent of our DCP&P about the baby.  NJ grandparents need to follow up with the agency ASAP to make sure they (agency) knows that there is family interested in taking the child.  There will be interagency cooperation-between agency in Florida and NJ. 

     

    Grandparents NOT want baby placed in foster care (when baby released from hospital) if they can prevent it. 

     

    Pat

    Patricia Garity Smits

    Patricia Garity Smits, Esq.
    Certified by the New Jersey Supreme Court as a Matrimonial Attorney
    Law Offices of Patricia Garity Smits, L.L.C.
    1141 Stanton-Lebanon Rd., Lebanon, NJ 08833
    Phone: (908) 236-7530           Fax: (908)236-6261

    Washington Street Morristown, NJ 07960

     

    This email message, together with all attachments, is for the sole use of the intended individual or entity and may contain information that is legally privileged, confidential and exempt from disclosure.  If you are not the intended recipient, you are hereby notified that any dissemination, disruption, or copying of this message, or any attachment, is prohibited,  If you are not the intended recipient, please notify the original sender at (908) 236-7530 immediately by telephone or by return email ([email protected]) and delete this message, along with all attachments, from your computer.  If the intended recipient is a client represented by sender or, expert or  other person involved in litigation, this is an attorney-client communication or communication related to a client and is PRIVILEGED AND CONFIDENTIAL.  If the addressee is not a client of the sender, this communication does not create an attorney client relationship.

     

     

     




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  • 7.  RE: Referral/suggestions Grandparents custody

    Posted 05-13-2022 05:54 PM

    If the parents are willing to voluntarily sign custody of the child over to the grandparents it might avoid getting caught up in the Interstate Evaluation quagmire.  Once the Florida agency takes custody of the child, they will almost certainly require an Interstate Evaluation to occur, which could take months. 

     

     

     

    Lynn B. Norcia Esq.

    Starr Gern Davison & Rubin, PC

    105 Eisenhower Pkwy.

    Roseland, NJ 07068

    Tel. 973-403-9200

    Fax. 973-226-0031

    [email protected]

     

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  • 8.  RE: Referral/suggestions Grandparents custody

    Posted 05-13-2022 06:49 PM

    I agree with Lynn-best way to resolved this will be for the mother and father to agree to sign temporary custody to his  parents; however, I doubt that this will avoid agency/court involvement. 

     

    Pat

     

     

    Patricia Garity Smits

    Patricia Garity Smits, Esq.
    Certified by the New Jersey Supreme Court as a Matrimonial Attorney
    Law Offices of Patricia Garity Smits, L.L.C.
    1141 Stanton-Lebanon Rd., Lebanon, NJ 08833
    Phone: (908) 236-7530           Fax: (908)236-6261

    Washington Street Morristown, NJ 07960

     

    This email message, together with all attachments, is for the sole use of the intended individual or entity and may contain information that is legally privileged, confidential and exempt from disclosure.  If you are not the intended recipient, you are hereby notified that any dissemination, disruption, or copying of this message, or any attachment, is prohibited,  If you are not the intended recipient, please notify the original sender at (908) 236-7530 immediately by telephone or by return email ([email protected]) and delete this message, along with all attachments, from your computer.  If the intended recipient is a client represented by sender or, expert or  other person involved in litigation, this is an attorney-client communication or communication related to a client and is PRIVILEGED AND CONFIDENTIAL.  If the addressee is not a client of the sender, this communication does not create an attorney client relationship.

     

     

     




    Original Message


  • 9.  RE: Referral/suggestions Grandparents custody

    Posted 05-13-2022 06:55 PM
    Usually when there is child welfare involvement with newborn cases, they are not satisfied with some sort of temporary custody, as of course, that could change. Birth parents and grandparents would be best served by having the birth parents look to surrender their rights to a private adoption agency or entity in Florida (in Florida attorneys can take surrenders and have guardianship pending adoption finalization). The grandparents would have to have a valid NJ home study for this to happen. If the birth parents terminate their rights voluntarily through a surrender, child welfare agency loses jurisdiction.

    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


    I will return your email as soon as possible.  Not all emails are read or reviewed in real time.

    If this is an emergency, please call the office during our current hours 8:30 am - 4:00 pm or  dial extension 25. Voice mail left at this extension will be monitored during the business day only.

    Guston & Guston remains open for business. In keeping with guidelines for reduced contact, we have in-office staffing from 8:30 am - 3:30 pm Monday through Friday. We are presently scheduling in-office meetings as needed. We can also schedule a phone or video conference and can accommodate will signings and other document execution in a safe manner.  Masks are required in our office for the protection of our staff and clients.

    Please take care of yourself and your family and we look forward to speaking with you and seeing you soon. 

    Adoption Director, Past President
    Academy of Adoption & Assisted Reproduction Attorneys


           ANGEL IN ADOPTION RECIPIENT 2017

        






    Original Message