Archives for August 2022

Adopting a Grandchild or Other Relative

Should You Adopt Your Grandchild or a Relative?

“Adoption” can be an intimidating word, and it may not be something that you foresaw in your future. However, your child or your child’s partner may not be in a position to care for your grandchild, forcing you to step in as a responsible caregiver.

Adopting a Grandchild or Relative

Adopting a grandchild can be a long and difficult road, but if your grandchild or relative’s future is at stake, it is a road worth taking. You may have temporary custody, or you may be a legal guardian. However, these roles may not be enough to protect the child’s well-being.

If your child is going through a difficult time and is unable to raise their child, the grandchild may be turned over to you temporarily for a number of reasons including substance abuse, economic hardship, mental issues, or incarceration. Sometimes, though, temporary care can turn into long-term care, especially if your child’s issues are never resolved.

When issues don’t resolve themselves or they become worse and you start to become concerned about your grandchild’s welfare, you may start taking on more parental responsibilities. Sometimes, returning children to their parental home may subject those children to physical, emotional, or sexual abuse. There may be drugs involved, or there may be neglect that is ongoing. Other factors may have popped up.

For example, when things like education and health care enter the picture, you may need to make things more permanent and become a legal guardian or go a step further and consider adoption. If you aren’t sure what your options are, it may be a good idea to consult a professional who has deep knowledge of New Jersey family law statutes.

When you are a legal guardian, you will be able to make educational and health decisions for your grandchild. However, the parents still have legal rights. This may be a comfortable middle ground to stay in until your grandchild is an adult. If not, you may want to terminate the legal parental rights, especially if you feel that these rights are endangering the child.

A Relative Entering Foster Care

There may be relatives who have to give up their children to foster care because of difficult circumstances. In cases like this, the Department of Child Protection and Permanency (DCP&P) in New Jersey will prefer to place the child with a relative — one who preferably knows the child and can minimize the trauma of leaving home. Being adopted by a relative may be in children’s best interest as it lets children keep ties with their birth parents. Plus, children who are adopted by relatives may not feel as cut off from the world that they knew. New Jersey law differs from other states when it comes to adopting a relative. A law firm in New Jersey may be able to help with your questions.

Factors to Consider

Making the decision to adopt a grandchild will alter the rest of your life until they turn 18 years old. There are other factors to consider, and a New Jersey adoption attorney may be able to discuss these factors in more detail. Providing love and comfort to a child in need is one of the most rewarding things that you can do, and it can be a rewarding way to spend a portion of your retirement.

However, if you have retired, you may be living on a fixed income and may not have the financial capability of raising a child. Children and their needs are expensive, and you will need to write out a rough budget of what you think you’ll need over the years. Another detail to consider is your age. You should be able to raise your adopted child until they reach the age of 18, so honestly considering your current and future health prognosis is crucial.

When you need a New Jersey adoption attorney who is familiar with family court and adoptions, contact Cofsky & Zeidman. You can call our main Haddonfield office at (856) 429-5005, or you can call our Woodbury office at (856) 845-2555.

What You Need to Know About Adoptions in New Jersey

How Does Adoption Work in New Jersey?

At the end of 2020, more than 117,000 children in the United States were waiting to be adopted. Many people express interest in adopting a child, but finding a New Jersey adoption lawyer, understanding the process and paying for the costs may overwhelm them to the point where they change their minds. If you’re considering growing your New Jersey family through this method, here’s what you need to know.

Choosing a Birth Mother

When a birth mother realizes that raising a child is not her best option, she may decide to work with an adoption agency in order to make sure that everything is set up for her child to go to the home of her choice after birth. The mother can start participating in counseling services related to adoption as soon as she has a confirmed pregnancy. Legal consent for the adoption can’t be signed by the birth mother until 72 hours after the child’s birth. The mother can choose to help select the adoptive parents, but New Jersey law doesn’t require her to do this.

Paying for the Birth Mother’s Expenses

Prenatal care and giving birth are major expenses for the birth mother. New Jersey Title 9:3-39.1 e stipulates which expenses the adoptive parents can pay. These expenses include hospital bills, prenatal and postnatal care, adoption services, legal services, and placement costs. The postnatal period extends to four weeks after the child’s birth.

Choosing Adoptive Parents

New Jersey laws state that only approved individuals or agencies can assist with adoption. The process can’t be contingent on payments. Any payments made aren’t refundable. If the adoption doesn’t go through an agency, the costs are the responsibility of the adoptive parent.

Consenting to Adoption

A birth mother can change her mind at any time before signing the consent for the adoption. She doesn’t have to provide a reason. However, no consent is needed if the birth mother’s parental rights were terminated, if she surrendered her child through a valid method, such as a safe haven post at a police station. Birth fathers have up to 20 days after the child’s birth to object to the adoption process. If the birth father’s whereabouts are unknown or his parental rights were terminated, the process can proceed without his consent.

Sharing Information

Once an adoption is finalized through the court, it’s up to all parties involved as to whether or not there is one-way or two-way communication. A birth mother may request that her information not be provided to the child or adoptive parents. Adoptive parents aren’t required to have any communication at all with the birth mother or father. At the signing of consent, the birth mother loses all of her parental rights permanently, and those rights are transferred to the adoptive parents. Many birth mothers choose to share essential medical information that adoptive parents would need in order to ensure that the child receives optimal health care. This includes details about drug or alcohol use during her pregnancy, familial or genetic disorders, and her medical history.

Who Can Adopt a Child in New Jersey?

Adults at least 18 years of age and at least 10 years older than the child being adopted can legally adopt a child in New Jersey. The fitness of the prospective adoptive parents is determined by the local child welfare agency. This process includes an inspection and survey of the home, a criminal background check of the prospective adoptive parent, and an investigation as to whether or not the adoptive parent has any history of sexual misconduct.

For more information about the adoption process, contact our Haddonfield law office at (856) 429-5005 to make an appointment with our New Jersey adoption lawyer. You may also complete our online contact form, and one of our associates will get in touch with you to schedule a consultation.