Swedish Dads, Skansen (Photo credit: ChrisGoldNY) Under most circumstances (with the possible exception of surrogacy situations), establishing maternity of a child is obvious. Establishing paternity is another matter. But is this uncertainty enough to require genetic testing for all new parents and babies? If, after reading the following, you need…
Articles Posted in Children
Where Children Are Concerned, A Name Change Is Not Necessarily A Simple Matter
When a couple divorces, it is easy to understand why some may want to erase all evidence of the failed relationship. That’s one reason behind women reclaiming their maiden names as part of their divorce settlements. But when children are involved, such decisions are not so easy. If, after reading…
NJ Supreme Court Win by Rotolo Law Firm Helps Pave Way to Passage of NJ Bill
In an article dated January 5, 2012, Matt Friedman, Statehouse Bureau reported on the Assembly panel approval of a bill that removes the State’s two-year statute of limitations for lawsuits for child sexual abuse. Victor Rotolo’s 2008 landmark case paved the way for this change. Read Matt Friedman’s article here.
Judge Considers Special Circumstances When Granting Custody to Gay Partners
In a complicated case involving same-sex unions and surrogacy, a Hudson County judge recently put controversy aside and decided custody of twin girls based on their best interest. All custody cases carry their own complications. If, after reading the following, you have questions regarding custody issues in Hunterdon County, contact…
Holland Township Couple Fights for Custody of Newborn Son
Custody is defined as having the legal responsibility to care for and/or make decisions on behalf of a child under 18. (1) Most consider it a parental right, but there are times when the custody of a child can be threatened and the advice of counsel such as the family…
Court: Parental Autonomy Cannot Be Transferred to Third-Party
Sometimes things stand in the way of parents’ ability to raise their children – financial distress, illness, substance abuse – to name a few. When this happens, custody can be turned over to someone else: a grandparent, another relative or any trusted adult that has lived with the child. These…
The Law Looks Differently at Mothers and Fathers
What defines a parent? For some, parents are the people to whom you are born. Others define parents as those who raise and care for you as you grow. According to Merriam-Webster.com, both definitions are correct, (1) but what about the legal definition of parent? That’s a question the New…
Court Rules Parental Rights Cannot Be Terminated by Contract
The New Jersey Supreme Court ruled recently that parental rights cannot be terminated merely by a contract entered into by the parties involved, rather parental rights can be terminated only by State law under specific conditions. (1) This question arose in connection with a case of a single woman who…
Court: Grandparents’ Rights Not Automatically Terminated in Adoption
In New Jersey when a child is given up for adoption, the rights of the biological parents are terminated at the end of the adoption process. What happens, however, to the rights of the child’s biological grandparents? Prior to the 1970’s, grandparents had no legal visitation rights. Then divorce rates…
Pending Legislation Could End Battle over Rights of Adoptees versus Rights of Birth Parents
The long-running battle that has pitted the rights of adoptees to have access to their birth records against birth parents’ rights to privacy may soon come to an end in New Jersey. A bill ending that battle was approved by the New Jersey State Legislature earlier this month and now…