Cynthia Clark adv. Paul Trembly (2010)
Hanan M. Isaacs defended Former Girlfriend (FG) in this unique family matter involving Former Boyfriend (FB). The couple dated and lived together for over a decade, but never married. At one point, they traveled together to Russia to pick up an identified child for adoption. FG asked FB to adopt the child with her. FB eventually refused to do so. The parties broke up soon after, based upon FG's concerns about FB's substance abuse. FG adopted the child on her own. However, FG permitted FB visitation time with her adopted son, including overnights and vacations. Years later, FB insisted that FG must permit FB to adopt the child, even over her objections. Our legal research showed that New Jersey case law favors FB's continued visitations, but not his adoption of the child. New Jersey law does not want even a psychologically bonded adult to interject him or herself into the actual parent's decision-making role, because the courts deem such intervention as disruptive to the parent and confusing for the child. This represented a very positive outcome for our client, as we did not have to file court papers, FG has unfettered parental discretion, but FB has the right to continue to play an important role in the life of FG's son.
