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Category Archives: Child Custody

Morris County Birth & Adoptive Parental Rights Lawyers

New Jersey adoption laws are designed specifically to protect birth parents’ child custody rights throughout the adoption process.

Family law attorneys assist with adoption process
Morristown family law attorneys assist with adoption process


If you are considering adoption as an option as either a birth or adoptive parent, it is very important to understand the rights of the biological parent(s) and the adoption process.

At Townsend, Tomaio & Newmark, L.L.C., with offices in Morristown, NJ, our child custody and adoption attorneys have the expertise you need regarding every step of the child custody and adoption process in New Jersey.

Morristown Birth parents and Adoptive Parents: Know your parental custody rights –and each other’s!

Hackensack family lawyers lawyers provide adoption directions
Ask your Hackensack family lawyers lawyers for adoption directions


We have aided numerous clients with diverse circumstances. Unlike an adoption agency, or even your friends and family, your attorney is a neutral adviser whose only interest is to look out for your best interests.

To speak with an accomplished and experienced adoption attorney to guide you as you make these life-altering decisions, contact the law firm of Townsend, Tomaio and Newmark in Morristown and Hackensack and serving all of Morris and Bergen Counties.
Contact us and meet your family lawyer today at 866-957-2982/973-828-0829.

Your Morristown private adoption can be either “direct” or “independent”

Whether its direct or independent depends on how the birth and adoptive parents find one another. Either way it is essential to work with an approved private agency and experienced attorney.

Direct adoption in Morristown, Chester, Chatham, Mendham, Harding and Morris Township

A direct adoption is when the birth mother (and birth father if he is involved in the adoption plan) relinquishes the child directly to the prospective adoptive parents. An adoption agency has the responsibility to conduct the standard adoption home study (required by law) which evaluates a number of aspects to determine the adoptive parents’ fitness to parent. Agency adoption laws apply provided that the agency has met its counseling obligations and that the birth mother (and father) legally transfer parental rights to the agency after identification.

Independent adoption in northern New Jersey

When the adoptive parents locate the birth parents independently, it is sometimes referred to as “private placement adoption”, “independent adoption”, or “direct domestic adoption”. As in a direct adoption, the birth parents will surrender their parental rights, a home study will be conducted and the child will be placed with the adoptive parents selected by the birth parents.

Under New Jersey law, an approved adoption agency coordinates and secures the legal waiver of parental rights by the biological parents. Consent to adoption is only valid if signed at least 3-5 days following birth.

       Transfer of parental rights for adoption

Get legal guidance for a safe adoption
Safe adoptions and forever families

Once the birth parents (or other guardian) surrender consent to an adoption, it is very challenging to reverse or change this decision. There are very limited circumstances that might lead to a possible reversal of parental consent to adoption. It usually only happens in cases involving coercion or fraud, improper adoption proceedings such as an irregular consent, or if a court determines that it is in the best interests of the child.

Adoption agencies have the very critically important responsibility to counsel the birth mother (and participating biological father) about her/his rights and the services that may be available to parents and the newborn. New Jersey recognizes the importance of counseling. The law requires that all birth parents be offered counseling. This ensures that the biological parents understand that they have other options in addition to the option of placing the child for adoption. For an adoption to be legal, it must be assured that birth parents were counseled appropriately and able to properly evaluate whether adoption is the right choice for them.

Birth and adoptive parents: Consult with an experienced family law adoption attorney early in the process

Be informed, get the expert legal assistance you’re counting on. The right adoption attorney at Townsend, Tomaio and Newmark is extremely important for all aspects of managing an adoption.

Protecting your parenting rights in Morristown, Chester, Chatham, Mendham, Harding, Morris Township and Bergen County

The family law lawyers at Townsend, Tomaio and Newmark, with offices in Morristown and Hackensack, Ridgewood, Pramus, Teaneck and Fort Lee will guide you through the practical and legal issues involved in an adoption. An experienced adoption attorney will also ensure that all parties receive the qualified representation and counseling services that lead to safe adoptions.

Contact us online or by ‘phone at 866-957-2982/973-828-0829 to schedule an appointment for a free consultation and decide next steps.


Morris County Teen’s Fears About Divorce

Child custody plans for teens during and after divorce are particularly important. It’s a turbulent time as young people transition into adulthood. They are striving to establish their identity, become increasingly independent and develop judgement and social skills. Divorce, and the broad fears and emotional stress it stirs up, can seriously undermine the already challenging… Continue Reading

Is My NJ Mediation Legally Binding?

Mediation is a commonly used form of alternative dispute resolution which seeks to resolve the issues of divorce and family law matters without formal litigation. Many individuals choose divorce mediation in order to keep their legal proceedings as amicable and flexible as possible, and to have the power to reach their own decisions in the areas of child custody, child support, alimony, and… Continue Reading

Co-Parenting During and After Divorce Harding, NJ

For parents going through a divorce, the safety, happiness, and wellbeing of their children is a top priority. While the many legal concerns of divorce such as alimony, division of marital assets, child custody and so forth are extremely important, it is also vital that children are given a consistent and loving environment during and after the divorce process.… Continue Reading

Why Choose Collaborative Divorce in Morris County?

Collaborative divorce, much like other alternative conflict resolution methods such as mediation, is a great choice for many divorcing spouses who wish to work together during the divorce process. Divorce is certainly a stressful time, but it does not need to be a battle. Many spouses are able to resolve even the most complex issues of divorce… Continue Reading

Financial Benefits of Divorce Chester, NJ

Divorce gets a bad rap in a lot of respects, but nowhere more than how it has the potential to negatively impact the financial wellbeing of former spouses. While this certainly can be the case without proper legal counsel, many family’s financial situation actually improves after a divorce. There are two primary ways to both protect… Continue Reading

Non-Traditional Families Morris County, NJ

Less than half of all American families are what would formerly be considered “traditional”. In fact, our family law attorneys hesitate to even use the term traditional as the concept is quickly fading away. Thankfully, legislation and state laws are changing to reflect this as well. With same sex marriage becoming legal at a state and federal level, judges considering tri-parenting child… Continue Reading

Holidays for Separated Co-Parents in Morris County, NJ

While it may not be on the forefront of parents’ minds while going through a divorce or of unmarried parents going through child custody proceedings, scheduling holidays and vacations are amongst the most contentious issues for co-parents. The conflict is often simple: holidays only occur once per year and both co-parents want to spend that time with their children. Thankfully,… Continue Reading

Substance Abuse and Divorce in Morris County, NJ

The issues of substance abuse and divorce are the types of topics which we all know effect millions of people, but never expect it to impact us. Unfortunately, the reality is that in the U.S. nearly 1,000,000 divorces take place each year and tens of millions of adults will partake in binge drinking or illicit drug use. When the numbers are that… Continue Reading

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Morristown, NJ 07960

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