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Tag Archives: Child custody

Grandparents Appeal Decision To Deny Adoption Petition

Morris County NJ Grandparents AttorneysThe New Jersey Appellate Division ruled on Jan. 29 that a family court judge had violated the constitutional rights of two plaintiffs. The Family Division judge had dismissed a grandparents’ petition to adopt their grandchild before hearing the grandparents argue their case in court. The appeals court also found that the lower court judge did not properly explain the reason for the dismissal.

Before their case was dismissed, the grandparents had filed a petition to adopt a grandchild that was living in their home. According to the grandparents, the birth mother and birth father abandoned the child and were not contributing to the child’s care. The grandparents also alleged that the child’s birth mother and birth father were drug abusers, and the child could have a more stable life at the grandparents’ home.

The grandparents were awarded temporary child custody after they filed their claim, but that order was quickly changed. After the birth mother was served with the complaint, she filed an emergency ex parte order and requested the immediate return of her custody rights. Both the birth mother and the birth father denied the allegations that were made against them in the grandparents’ petition, and the lower court judge sided with them. The child was removed from the grandparents’ custody and placed with the birth mother. After the appeals court found that the Family Division judge had taken shortcuts, the case was reassigned to a different Family Division judge.

While going through a divorce, the potential of losing child custody rights is usually a parent’s biggest concern. An attorney can help a parent argue for joint custody at divorce negotiations and child custody hearings. If a parent has already lost custody, an attorney may help the parent to appeal the family court judge’s decision.

Source: Daily Record, “Appellate court: Morris judge violated grandparents’ rights,” Peggy Wright, Jan. 29, 2016

Visitation And Parenting Plans In New Jersey

When a couple with children divorces, it is common for there to be disagreements related to when a child stays with each parent. In particular, special occasions and holidays, such as Christmas or the child’s birthday, are times when both parents are determined to have the child stay with them. Parenting plans can help individuals… Continue Reading

Going Out Of State With A Child After A Divorce

When two divorced parents have a child custody order in place, there may be stipulations in the order about taking the child out of their state of residence. The custody order might expressly allow or prohibit a parent from taking the child out of state or say nothing at all about out-of-state trips. If a… Continue Reading

Man Fighting To Get Child Returned From Brazil

People in New Jersey may have heard about the heartbreaking international child custody case in which a Texas father is fighting for the return of his son from Brazil. Reportedly, the man’s ex took the child two years ago to Brazil and never came back. According to reports, the father saw his son daily when… Continue Reading

Custody Battles In New Jersey

It is not uncommon for parents going through a divorce to believe that they are getting embroiled in a custody battle that is in the best interests of their children. Although people may truly believe that their kids need to be cared for solely by themselves, this may not be the reality of the situation.… Continue Reading

Hair Follicle Tests May Produce A False Positive Result

New Jersey couples may opt for a divorce for any number of reasons. If they are parents of young children, child custody issues can arise. In some cases, one parent may seek sole legal and physical custody, claiming that the other parent is unfit due to drug use. Drug testing is commonly used by employers… Continue Reading

Woman Gives Up Baby For Adoption Without Telling Father

New Jersey parents may have heard about the case in which a man learned his ex-girlfriend had given up his daughter without his knowledge or agreement. The case, which occurred in South Carolina, demonstrates how fathers have rights as parents and must be informed about any intention to place a child up for adoption. Reportedly,… Continue Reading

Why Actress Kelly Rutherford Lost Custody Of Her 2 Children

New Jersey parents who are going through a child custody dispute might have heard about actress Kelly Rutherford losing her children. For the past few years, the actress’s two children, ages 6 and 8, have been living with their father in Monaco after his U.S. visa was revoked. However, there are reports that Rutherford’s actions… Continue Reading

Different Forms Of Child Custody In New Jersey

Going through a divorce is typically one of the toughest ordeals a person can experience. When you have children involved in the process, it can become much more difficult. Both parents pay want custody, leaving the courts in a bind. Understanding the different forms of custody is the first step to resolving these disputes. The… Continue Reading

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