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Step-Parent Custody

  • 1.  Step-Parent Custody

    Posted 04-04-2018 12:57 PM
    Hello List Mates,

    I represented dad (DZ) in a custody case in 2014.  He wanted to limit the time that drug-addicted mom (JG) had with his daughter (CZ).   In 2011 he had sole custody when DYFS was involved, but relinquished it when JG cleaned up in 2012. Over time, JG would call and not show up for her scheduled parenting time.  She moved to Maryland without telling anyone.  I was able to obtain an order for dad that limited JG's time to no more than 4 hours/visit with dad as supervisor.  Visits grew less frequent, and JG hasn't seen CZ in at least 2+ years.  Contact has been minimal, maybe 3-4 calls/year in that time.  JG hasn't paid child support, and is in arrears by over $20K.  JG has lost custody of two other children in MD with another father, due to DV and abuse issues.  JG now lives in somewhere in Philadelphia.  Prior to that she lived in Cherry Hill, but never informed my client or her daughter of her whereabouts.

    I got a call last week from dad's wife (LZ) telling me that he passed away suddenly.  LZ had a child with DZ (now 2 y/o) and is due to deliver another in two months.  CZ is 12 years old and has lived with LZ for the last 6 years.  For the first 6 years of her life, CZ lived with her paternal grandmother.  CZ has no desire to rekindle any relationship with JG and wants to stay with LZ.

    Paternal grandmother and CZ come in together for a consultation last week looking for help.  They are both worried that JG will try to step in as the biological parent, or that JG's parents will somehow work their way into the picture on JG's behalf.  CZ is a great kid, talented soccer player and gets good grades in school.  

    Paternal GM says adoption will be hotly contested by JG's parents and it is just to stressful to get into that right now.  Paternal GM  is worried about and is willing to step-in to help LZ in any way.  I've read that private parties shouldn't attempt a KLG action?  I've never done one before, nor do I know how easy it would be, or what it would gain over an order granting LZ physical and legal custody.  LZ contacted CZ's school and they are OK with her for the moment being the child's contact, but LZ is worried what may happen if CZ needs to go to the hospital for emergency surgery and she doesn't have any legal standing.  My client also asked about whether or not child support arrears go away with dad's death.












    ------------------------------
    Thanks in advance!

    Henry Weinfeld Esq.
    Woodbury NJ
    (856)845-7851
    ------------------------------


  • 2.  RE: Step-Parent Custody

    Posted 04-04-2018 01:02 PM
    Sorry... that was Paternal Grandmother and LZ that came in... not the child!!!

    ------------------------------
    Henry Weinfeld Esq.
    Woodbury NJ
    (856)845-7851
    ------------------------------

    Original Message


  • 3.  RE: Step-Parent Custody

    Posted 04-04-2018 01:14 PM
    My suggestion based on what you've said: File an FD complaint asserting stepmom is psychological parent. Propose an FD consent order to JG / bio-mom that waives arrears in exchange for her signing and continues parenting time by consent. If mom doesn't sign off on the consent order, then an order to show cause. Here's a successful psychological parent case, if pleadings in addition to law are helpful: www.dpdlaw.com/pogo

    Whether the arrears extinguish is a good question -- I'd say no. CS is, as we all know, the child's right, not the parent's, so I'd say that, unless the former obligor ends up with custody, I'd think they go with the child, although probation would certainly need a new account number. In the alternative, it's a judgment owed to dad, so his estate could collect it.

    I wouldn't bring up CS in the OSC if mom won't sign. (A) Leave it for leverage down the road, and (B) Not emergent.


    <x-sigsep></x-sigsep>

    David Perry Davis, Esq.
    ----------------------------------------------------
    www.FamilyLawNJ.pro
    ----------------------------------------------------
    * * Please note our new address * *
    57 Hamilton Avenue -- Suite 301
    Hopewell, NJ 08525
    Voice: 609-466-1222
    Fax: 609-466-1223



    Hello List Mates,

    I represented dad (DZ) in a custody case in 2014.  He wanted to limit the time that drug-addicted mom (JG) had with his daughter (CZ).   In 2011 he had sole custody when DYFS was involved, but relinquished it when JG cleaned up in 2012. Over time, JG would call and not show up for her scheduled parenting time.  She moved to Maryland without telling anyone.  I was able to obtain an order for dad that limited JG's time to no more than 4 hours/visit with dad as supervisor.  Visits grew less frequent, and JG hasn't seen CZ in at least 2+ years.  Contact has been minimal, maybe 3-4 calls/year in that time.  JG hasn't paid child support, and is in arrears by over $20K.  JG has lost custody of two other children in MD with another father, due to DV and abuse issues.  JG now lives in somewhere in Philadelphia.  Prior to that she lived in Cherry Hill, but never informed my client or her daughter of her whereabouts.

    I got a call last week from dad's wife (LZ) telling me that he passed away suddenly.  LZ had a child with DZ (now 2 y/o) and is due to deliver another in two months.  CZ is 12 years old and has lived with LZ for the last 6 years.  For the first 6 years of her life, CZ lived with her paternal grandmother.  CZ has no desire to rekindle any relationship with JG and wants to stay with LZ.

    Paternal grandmother and CZ come in together for a consultation last week looking for help.  They are both worried that JG will try to step in as the biological parent, or that JG's parents will somehow work their way into the picture on JG's behalf.  CZ is a great kid, talented soccer player and gets good grades in school. Â

    Paternal GM says adoption will be hotly contested by JG's parents and it is just to stressful to get into that right now.  Paternal GM  is worried about and is willing to step-in to help LZ in any way.  I've read that private parties shouldn't attempt a KLG action?  I've never done one before, nor do I know how easy it would be, or what it would gain over an order granting LZ physical and legal custody.  LZ contacted CZ's school and they are OK with her for the moment being the child's contact, but LZ is worried what may happen if CZ needs to go to the hospital for emergency surgery and she doesn't have any legal standing.  My client also asked about whether or not child support arrears go away with dad's death.












    ------------------------------
    Thanks in advance!

    Henry Weinfeld Esq.
    Woodbury NJ
    (856)845-7851
    ------------------------------
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  • 4.  RE: Step-Parent Custody

    Posted 04-04-2018 01:16 PM

    Henry,

    Here is a link for information on KLG.

     

    https://njarch.org/wpress/wp-content/uploads/2015/11/KLG-Pro-Se-Manual-pdf-2013.pdf

     

    Since the process takes some time to complete, I would recommend filing an FD complaint to place the child in the custody of her father's spouse and psychological parent as soon as possible.

     

    The question really is whether you need to proceed to the more stable KLG status.  You say that the mother will contest adoption.  However, if your client were to get DCPP involved, the agency would likely pursue that, at no cost to your client, and with a likely foster care subsidy and ultimate adoption subsidy.  However, getting the Division involved takes the control away from your client, so I would not recommend that.  If money is an issue, however, that might be a reasonable option. 

     

    Alternatively, once you have the child safely in your client's legal custody, you can consider the benefits of KLG.   Feel free to contact me off line if you would like to discuss further. 

     

     

    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]

     




    Original Message


  • 5.  RE: Step-Parent Custody

    Posted 04-04-2018 01:26 PM
    Agreed. And moving to KLG or adoption after FD order is entered would be a lot harder for bio-mom to fight.

    I don't, however, think that DCPP would get involved at this point. There's no immediate danger to the child, and they like to push things off to the Family docket whenever they can.


    <x-sigsep></x-sigsep>

    David Perry Davis, Esq.
    ----------------------------------------------------
    www.FamilyLawNJ.pro
    ----------------------------------------------------
    * * Please note our new address * *
    57 Hamilton Avenue -- Suite 301
    Hopewell, NJ 08525
    Voice: 609-466-1222
    Fax: 609-466-1223


    At 01:16 PM 4/4/2018, you wrote:

    Henry,

    Here is a link for information on KLG.

    njarch.org/wpress/wp-content/uploads/2015/11/...

    Since the process takes some time to complete, I would recommend filing an FD complaint to place the child in the custody of her father's spouse and psychological parent as soon as possible.

    The question really is whether you need to proceed to the more stable KLG status.  You say that the mother will contest adoption.  However, if your client were to get DCPP involved, the agency would likely pursue that, at no cost to your client, and with a likely foster care subsidy and ultimate adoption subsidy.  However, getting the Division involved takes the control away from your client, so I would not recommend that.  If money is an issue, however, that might be a reasonable option. 

    Alternatively, once you have the child safely in your client's legal custody, you can consider the benefits of KLG.   Feel free to contact me off line if you would like to discuss further. 
     

    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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    Original Message


  • 6.  RE: Step-Parent Custody

    Posted 04-04-2018 01:28 PM

    Good point on DCPP. That's likely the case. They would not get involved.

     

     

    Lisa Chapland, Esq.
    Director, Government Affairs 
    New Jersey State Bar Association
    One Constitution Square | New Brunswick, NJ 08901
    TEL: 732-214-8510 (o); 732-239-3356 (c)
    FAX: 732-249-2815

     

     



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  • 7.  RE: Step-Parent Custody

    Posted 04-04-2018 01:58 PM
    Two additional considerations.  If bio mom appears and contests, and you raise the issue of her unfitness, and her involvement with Child Protective Services in Maryland, the judge might ask the Division to get involved.  Additionally, if mom has had a prior involuntary termination of her parental rights, that is an exception under the Adoption and Safe Families Act (ASFA) permitting the Division to seek an order that they do not need to make reasonable efforts to reunify the mother with her child, thereby somewhat expediting the road toward termination. 

    If mom appears and contests, I would recommend that you ask the judge to order the case to mediation with the Vicinage's Child Welfare Mediator.  That person should be comfortable addressing issues such as KLG and possible voluntary surrender of the mom's parental rights with the bio mom.

    ------------------------------
    Lynn Norcia, Esq.
    Of Counsel
    Starr, Gern, Davison, Rubin
    105 Eisenhower Parkway
    Roseland, NJ 07068
    (973) 403-9200
    [email protected]
    ------------------------------

    Original Message


  • 8.  RE: Step-Parent Custody

    Posted 04-04-2018 02:14 PM
      |   view attached
    As long as the child is in a safe home currently, the Division is unlikely to "get involved," so the court would need to order records upon a finding that the evidence of prior Division involvement is necessary in the proceedings and the information cannot be obtained by any less intrusive means.  The Division will not, in my experience, evaluate the situation or opine on whether the child would be in danger if returned to the mother or if parenting time were to be ordered, that is for the court to decide based on the record.  In a contested adoption, a home study or some other investigation of the mother's fitness would be needed.  If she is out of state, I forget given the long thread here, then the foreign state's CPS may be asked to conduct a home assessment and report, but I have always asked the court to order a private home study and often gotten that ordered, I just find them more thorough.
    =============================
    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
    www.gustonlaw.com


    PRESIDENT of the Academy of Adoption & Assisted Reproduction Attorneys




    Angel in Adoption Recipient 2017







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  • 9.  RE: Step-Parent Custody

    Posted 04-04-2018 02:23 PM
    Correct me if I’m wrong, but this strikes me as a situation in which the FD Judge might be inclined to review in camera the existing DCPP file to fully appreciate the child’s history.

    Pardon my brevity - sent from my iPhone


    Original Message


  • 10.  RE: Step-Parent Custody

    Posted 04-04-2018 02:32 PM
      |   view attached
    Alix, often that is what is done, but the Division does not voluntarily provide records upon a simple request of the court, it does require a court order upon findings as I have stated.  Once those findings have been made, then the court can receive the records, review in camera and determine whether they are relevant - or allow the parties access under a protective order - 
    =============================
    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
    www.gustonlaw.com


    PRESIDENT of the Academy of Adoption & Assisted Reproduction Attorneys




    Angel in Adoption Recipient 2017







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  • 11.  RE: Step-Parent Custody

    Posted 04-04-2018 01:27 PM

    While it may be true that DCPP will get involved, their first avenue is always reunification with few exceptions for immediate termination of parental rights. And despite the representations in the initial post, she doesn't seem to meet those exceptions. That means a year or more of involvement with the bio mom while DCPP tries to use its "reasonable efforts" to reunify. It's not a high hurdle for bio mom to overcome (thus the reunification the first time apparently with a loss of custody).

     

    Psychological parent is probably the way to go. The only issue there is the requirement of an expert to demonstrate that the child and the parent have bonded. That brings you to a best interest evaluation which then brings you to – hopefully – a determination that the child's best interests lie in staying with the spouse. This does not sound like a big hurdle, but it could be costly depending on who you have. I highly recommend consulting with an adoption attorney to determine all avenues because if the bio mom is indigent, the spouse is facing payment of experts for the bio mom per the statute.

     

     

    Lisa Chapland, Esq.
    Director, Government Affairs 
    New Jersey State Bar Association
    One Constitution Square | New Brunswick, NJ 08901
    TEL: 732-214-8510 (o); 732-239-3356 (c)
    FAX: 732-249-2815

     

     



    Disclaimer

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  • 12.  RE: Step-Parent Custody

    Posted 04-04-2018 03:40 PM
    Thanks again.  I hope the discussion was as helpful to other attorneys as it was for me!

    ------------------------------
    Henry Weinfeld Esq.
    Woodbury NJ
    (856)845-7851
    ------------------------------

    Original Message