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I have alot of qurstions... i want to terminate my sons

Customer Question
I have alot of...

I have alot of qurstions... i want to terminate my sons fathers rights and have my fiancee adopt. 1. his father hasnt payed support in 1 year 3 months (and that was only 1 payment, another year between that). 2. he will no consent to signing over rights, but has not seen or spoken to my child, and did not show up to last 2 court dates. 3. im unsure of what forms i need for adoption from a step parent.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Me and my child live in NYC (staten island) his father and family court jurisdiction is in ocean county, new jersey

Lawyer's Assistant: Have you talked to a lawyer yet?

I cannot afford a lawyer.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I believe thats all thanks

Submitted: 4 months ago.Category: Family Law
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Customer reply replied 4 months ago
last hes seen my son was 4 years ago. 2 years ago he lost visitation rights. no phone calls or interaction with my son for 1.5 years.
Answered in 3 minutes by:
11/28/2017
Family Lawyer: Longhorn Lawyer, Lawyer replied 4 months ago
Longhorn Lawyer
Category: Family Law
Satisfied Customers: 12,958
Experience: Knowledgeable in all aspects related to family law matters.
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Hello! My name is***** have over 12 years of legal experience. Please allow me some time to review your question.

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Customer reply replied 4 months ago
he is also an active addict.
Family Lawyer: Longhorn Lawyer, Lawyer replied 4 months ago

So what are your exact questions about this? Can you please list them for me?

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Customer reply replied 4 months ago
my sons father will not consent to terminate his rights. but is not involved.
i would like to know:
1. how to go about termination of his rights (ocean county, new jersey).
2. what type of papers i need for step parent termination?
3. do i do this is new jersey (where jurisdiction and father lives) or in NYC (where me and my son have lived for 5 years?
Family Lawyer: Longhorn Lawyer, Lawyer replied 4 months ago

I assume that in your second question, you mean step-parent adoption, not termination.

Please allow me some time to prepare my answers. As I am doing so, keep in mind that a normal part of dealing with complicated legal issues is that you might experience some delays. Please do not opt me out expecting a faster response. This will only result in further delays. Thank you in advance for your patience and understanding.

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Family Lawyer: Longhorn Lawyer, Lawyer replied 4 months ago

Have you been given full legal and physical custody by a court?

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Customer reply replied 4 months ago
parental termination and step parent adoption yes! sorry, i'm at the college right now so typing fast.
Family Lawyer: Longhorn Lawyer, Lawyer replied 4 months ago

The questions presented in this are quite complicated and require a lot of effort and detail, which I am unable to provide you at this time. I will opt out for another Expert to assist you. My apologies for any inconvenience.

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Customer reply replied 4 months ago
I do have sole legal and sole physical custody
Family Lawyer: Seattle Scott, Lawyer replied 4 months ago
Seattle Scott
Category: Family Law
Satisfied Customers: 1,003
Experience: I have 25 years experience as a Washington State Family Law Attorney.
Verified

I am sorry to report that step parent adoption requires the consent of the father. Also I am sorry to report that failure to pay child support is not grounds for termination of the parent / child relationship. But if father will consent, then the adoption will end his future child support obligation, so maybe use that fact as a "carrot" to get his cooperation.

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Customer reply replied 4 months ago
Is there abandonment laws in New Jersey? He hasn’t called, seen, communicated in anyway nor been involved in anyway for 2 years atleast.
Family Lawyer: Seattle Scott, Lawyer replied 4 months ago

Even a complete lack of contact from the father is not grounds for termination of the parent/child relationship. It is grounds to prevent future contact, so the father can't just pop up every couple of years and be entitled to visitation.

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Family Lawyer: Seattle Scott, Lawyer replied 4 months ago

Here is the abandonment statute in NJ Look at the bolded section and the underlined words. Termination for abandonment requirres the child to already be in the care of the state (child resource parent means a foster parent) and the location of the parent isunknown. So, as long as your child is well cared for in your home, you can't terminate the father.

§ 30:4C-15.1. Termination of parental rights, standards. NEW JERSEY PERMANENT STATUTES Title 30. INSTITUTIONS AND AGENCIES Chapter 30:4C. Administration of act in accordance with public policy Current through L. 2017, c. 234. § 30:4C-15.1. Termination of parental rights, standards a. The division shall initiate a petition to terminate parental rights on the grounds of the "best interests of the child" pursuant to subsection (c) of section 15 of P.L. 1951, c.138 (C.30:4C-15) if the following standards are met: (1) The child's safety, health, or development has been or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the harm facing the child or is unable or unwilling to provide a safe and stable home for the child and the delay of permanent placement will add to the harm. Such harm may include evidence that separating the child from his resource family parents would cause serious and enduring emotional or psychological harm to the child; (3) The division has made reasonable efforts to provide services to help the parent correct the circumstances which led to the child's placement outside the home and the court has considered alternatives to termination of parental rights; and (4) Termination of parental rights will not do more harm than good. b. The division shall initiate a petition to terminate parental rights on the ground that the "parent has abandoned the child" pursuant to subsection (e) of section 15 of P.L. 1951, c.138 (C.30:4C-15) if the following standards are met: (1) a court finds that for a period of six or more months: (a) the parent, although able to have contact, has had no contact with the child, the child's resource family parent or the division; and (b) the parent's whereabouts are unknown, notwithstanding the division's reasonable efforts to locate the parent; or (2) where the identities of the parents are unknown and the division has exhausted all reasonable methods of attempting identification, the division may immediately file for termination of parental rights upon the completion of the law enforcement investigation; or (3) where the parent voluntarily delivered the child to and left the child with an adult employee, or voluntarily arranged for another person to deliver the child to and leave the child with an adult employee, at a State, county or municipal police station, a fire station of a municipal, county, fire district, or volunteer fire Cite as N.J.S. § 30:4C-15.1 History. Amended by L. 2015, c. 82, s. 3, eff. 8/10/2015. Amended by L. 2004, c. 130, s. 56, eff. 8/27/2004. L.1991, c.275, s.7; amended 1995, c.416, s.3; 1997 c. 175, s. 18; 1999 c. 53, s. 30; 2000 c. 58, s. 3. department, the premises of a public or private ambulance, first aid, or rescue squad; or voluntarily delivered the child to and left the child at an emergency department of a licensed general hospital in this State when the child is or appears to be no more than 30 days old, without expressing an intent to return for the child, as provided in section 4 of P.L.2000, c.58 (C.30:4C-15.7), the division shall file for termination of parental rights no later than 21 days after the day the division assumed care, custody and control of the child. c. As used in this section and in section 15 of P.L. 1951, c.138 (C.30:4C-15) "reasonable efforts" mean attempts by an agency authorized by the division to assist the parents in remedying the circumstances and conditions that led to the placement of the child and in reinforcing the family structure, including, but not limited to: (1) consultation and cooperation with the parent in developing a plan for appropriate services; (2) providing services that have been agreed upon, to the family, in order to further the goal of family reunification; (3) informing the parent at appropriate intervals of the child's progress, development, and health; and (4) facilitating appropriate visitation. d. The division shall not be required to provide "reasonable efforts" as defined in subsection c. of this section prior to filing a petition for the termination of parental rights if an exception to the requirement to provide reasonable efforts to reunify the family has been established pursuant to section 25 of P.L.1999, c.53 (C.30:4C-11.3).

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Family Lawyer: Seattle Scott, Lawyer replied 4 months ago

Let me know if you have any further questions. Sorry the answer did not provide a solution for terminating the father's status.

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Seattle Scott
Seattle Scott, Lawyer
Category: Family Law
Satisfied Customers: 1,003
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Experience: I have 25 years experience as a Washington State Family Law Attorney.

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