NJSBA Family Law Section

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  • 1.  Step Parent Adoption-Service of Natural Father

    Posted 08-10-2016 10:35 AM

    Hello Listmates-

    My firm is handling a step parent adoption.  Natural father has not seen nor had any contact with child since child was three months old.  Child is now nine years old.  

    Natural father does pay child support through probation by way of an apparent wage garnishment.  Although support is paid weekly, natural mother reports that she receives approximately 10% of actual awarded support.  As such, there is a significant arrearage.

    We attempted to personally serve natural father at his home in NY but could not have service effectuated. 

    Two questions:

    1) Is there any way to have probation provide natural father's employment address so we can attempt to serve him at work?

    2) Would it be sufficient for use to submit to the Court an affidavit of diligence detailing our attempts to effectuate service?

    Thank you.

    ------------------------------
    Patricia A. Carragher, Esq.
    Patricia A. Carragher, LLC
    308 Route 206
    Hillsborough, New Jersey 08844
    (908) 874-6242
    ------------------------------


  • 2.  RE: Step Parent Adoption-Service of Natural Father

    Posted 08-10-2016 10:50 AM

    Hi Patricia.

    Don't you have to seek termination of parental rights before proceeding with step parent adoption?

    Two years ago, we had a case in which a mother got her ex to voluntarily relinquish parental rights to their three kids so we could proceed with step parent adoption by her new husband, our client. That worked well for everyone.

    Probation should release work address for ex husband. That should be a public record.

    Hanan


    hanan.gif

    Hanan M. Isaacs, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ







  • 3.  RE: Step Parent Adoption-Service of Natural Father

    Posted 08-10-2016 11:11 AM
     The last one I did had the biological Dad consent to step parent adoption in the step-parent adoption proceeding and part of the relief gained was termination of bio-Dad's parental rights as part of the step-parent adoption.   Ask bio-Dad for consent and make it part of your complaint.
    Ed Epstein
    Northfield, NJ 
     609-646-8355





  • 4.  RE: Step Parent Adoption-Service of Natural Father

    Posted 08-10-2016 11:24 AM
    Thanks.

    We asked Bio-dad for consent and he did not respond.

    Last year, child's surname was changed to step dad's name.  We did not handle that matter but client reports bio-dad did not respond to that as well.
    Patricia A. Carragher, Esq.

    Patricia A. Carragher, LLC
    308 Route 206
    Hillsborough, NJ  08844
    908.874.6242 - Office
    908.874.6568 - Fax


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  • 5.  RE: Step Parent Adoption-Service of Natural Father

    Posted 08-10-2016 01:38 PM

    You do have to obtain termination of dad's parental rights.  If you cannot locate him, the statute dictates the diligence you have to pursue to show you are unable to serve him. See 9:3-45(c).   Basically, you have to determine the last known address and send letters, CMRRR, to virtually any agency that might have contact with him, including law enforcement, DMV, etc.  To this end, I would send such a letter to Probation.  

    I have done this and I can provide you off list with the templates for the letters I sent and the certifications I filed.

    Another wrinkle you may have is that once you locate dad and if he participates, under J.E.V.,  he will be entitled to counsel as an indigent if he cannot afford it.  It will be Madden appointed counsel, but it will add another layer of work to what should be a simple step-parent adoption.  

    Clara S. Licata

    ------------------------------
    Law Office of
    Clara S. Licata, Esq.
    700 Godwin Ave., Suite 210
    Midland Park, NJ 07432
    201-612-1170
    Fax 201-612-1179



  • 6.  RE: Step Parent Adoption-Service of Natural Father

    Posted 08-10-2016 11:35 AM

    Are you moving for termination of parental rights?

    Hanan


    hanan.gif

    Hanan M. Isaacs, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ