Abandonment in NJ

[45Frank]

What is the name of your state? New Jersey but I live in NC.
The X-wife hasn't contacted our kids in about 7 months and that was a 1 min. phone call, has seen them for only 15 min. in a year, hasn't paid child support in 2.5 years, hasn't sent them a gift or even a card for nearly two years now. Has been in jail on and off for years as well as felony warrants out for her arrest continually for two + years now.
We by court order have shared parenting time but I have full physical custody.
What are my chances of getting full custody from her due to abandonment? I know NJ is a very socialistic state for I lived there for 30+ years.
Thanks any advice or opinions from those who lived it.

 

[Mbarr77]

What is the name of your state? New Jersey but I live in NC.
The X-wife hasn't contacted our kids in about 7 months and that was a 1 min. phone call, has seen them for only 15 min. in a year, hasn't paid child support in 2.5 years, hasn't sent them a gift or even a card for nearly two years now. Has been in jail on and off for years as well as felony warrants out for her arrest continually for two + years now.
We by court order have shared parenting time but I have full physical custody.
What are my chances of getting full custody from her due to abandonment? I know NJ is a very socialistic state for I lived there for 30+ years.
Thanks any advice or opinions from those who lived it.

Here is the site for grounds for termination of parental rights. Review this for possible reasons you may be able to terminate his rights. This is just to give you a basis of what you could file for a tpr for, but I definately suggest having a lawyer. Have any of her incarcerations been on felony counts?! One of the reason is abandonment, but you have to make sure that you have met the abandonment requirements.

 

[acmb05]

ok

Here is the site for grounds for termination of parental rights. Review this for possible reasons you may be able to terminate his rights. This is just to give you a basis of what you could file for a tpr for, but I definately suggest having a lawyer. Have any of her incarcerations been on felony counts?! One of the reason is abandonment, but you have to make sure that you have met the abandonment requirements.

But since his question was what are his chances of getting full custody what does this site do for him? I did not see where he mentioned terminating her rights at all.

I would tend to think with her record and IF she still has warrants on her that you would have a good chance at full custody.

 

[Mbarr77]

But since his question was what are his chances of getting full custody what does this site do for him? I did not see where he mentioned terminating her rights at all.

I would tend to think with her record and IF she still has warrants on her that you would have a good chance at full custody.

Because he mentioned abandonment. Normally, a good way to ensure that he would have fully custody and to protect the mom from coming in and out of the childs life whenever she wants, which is not stable for the child would be a tpr. I was simply offering the options that MIGHT be available.

 

[LdiJ]

Why do you feel that you need full custody? You have that on a defacto basis already. What do you believe that full custody will give you that you don't already have?

The reason why I ask this question is because many people misunderstand what full custody means. The only thing that full custody would give you is full decision making rights regarding the children...and if she isn't arguing with any of your decision now....you basically already have that. It would not take away her parental rights or her right to visitation. Nor would it give you any control over her visitation.

 

[45Frank]

LDIJ thanks for the thoughts, My main reason his when she does take the kids they are definetely in Danger Once left them in A/C alone at 11 and 6 years old. She has gone to there banks and emptied there account, being a parent she's allowed to, as per bank, my daughter is very active, broke her arm, she found out and went to the hospital and acted like an A-Hole, saying they had no right to treat her, cops were called, they then put me in a room as if I killed someone, nothing came of it. During a visit she took kids to a Dr's ear eye anyone for no reason and had them charge me thousands, my thought is if it wasn't shared parenting she couldn't have done this or I wouldn't have been liable for bills anyway. This is only a few things over the years.
Maybe LDIJ is correct. Visitations were supervised by one Judge enother unsupervised it without even letting my Lawyer responde, ignored our responce. I know NJ is very liberal so that's why I'm asking advice before dumping thousands into a lawyer.
Thanks alot all!

 

[LdiJ]

LDIJ thanks for the thoughts, My main reason his when she does take the kids they are definetely in Danger Once left them in A/C alone at 11 and 6 years old. She has gone to there banks and emptied there account, being a parent she's allowed to, as per bank, my daughter is very active, broke her arm, she found out and went to the hospital and acted like an A-Hole, saying they had no right to treat her, cops were called, they then put me in a room as if I killed someone, nothing came of it. During a visit she took kids to a Dr's ear eye anyone for no reason and had them charge me thousands, my thought is if it wasn't shared parenting she couldn't have done this or I wouldn't have been liable for bills anyway. This is only a few things over the years.
Maybe LDIJ is correct. Visitations were supervised by one Judge enother unsupervised it without even letting my Lawyer responde, ignored our responce. I know NJ is very liberal so that's why I'm asking advice before dumping thousands into a lawyer.
Thanks alot all!

Well, full custody would help with the problems with medical costs and issues, because she wouldn't be allowed to seek anything other than emergency treatment for the kids.....but it wouldn't help with anything else.

She is basically leaving you alone right now. As long as she is doing that I wouldn't rock the boat.....particularly since it also could draw her back into the picture. If she comes back into the picture address it then. Don't dump thousands into something that isn't needed yet, and may never be needed.