My 5 year old daughter has been under care of my Mother? Should I give her Custody or Adoption?
Full Question:
I live in NJ and my mother lives in NC. My soon to be 5 year old daughter has been in her care since my birthday 8/23/2016. I am struggling with drug addiction. Is it better to let my mom have custody of my daughter or adoption? My mother is well established financially and has great medical benefits. I just want what's best for my daughter. I still have full custody. I've had a Dyfs case in the past and don't want another one or my daughter to be taken away... Please help with your professional legal advice.
02/05/2017 |
Category: Minors ยป Custody |
State: New Jersey |
#31579
Answer:
The most important thing to remember is that if you choose adoption you are giving up everything in regard to your Daughter and would no longer be considered her Mother. She cannot inherit from you after an adoption unless you leave her something in a Will. You may want to not think too much about the present but think about the future when you get straightened out with your drug addition and want to have parental contact with her. Since it is your Mother that would adopt you may still have contact but you could also be prohibited from contact in the future.
If you give her custody she would have all the rights she needs to care for the child and you may be able to get supervised visitation with your Mother being the supervisor.
You would want your Mother to agree that custody is best and let her Petition the Court for custody where you also join in the Petition and agree. You would then ask the Court for an agreed order.
If custody is chosen you may be obligated to pay child support but so what. You still get to maintain yourself as her Mother.
We would recommend that a lawyer do this for you and your Mother because it will more than likely turn out more like you and your Mother desire.
Finally, it is possible that the Court could still terminate your parental rights in the custody proceeding but if you take the right approach and your Mother agrees this might not happen and no one would be requesting the Court to do so.
