• Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar

Villani & DeLuca, P.C.

Representing New Jersey Clients Since 1996

Free Consultation 732-709-7757
  • About The Firm
    • Why Choose Villani & DeLuca
    • Press Room
  • Our Attorneys
    • Carmine R. Villani, Esq. Founding Partner
    • Vincent C. DeLuca, Esq. Founding Partner
    • Gina J. Ravaschiere, Esq. Partner
    • Timothy L. Horn, Esq. Partner
    • Michael C. Ayres, Esq. Partner
    • Benjamin M. Hoffman, Esq. Senior Associate Attorney
  • Areas of Practice
    • Family Law
    • Criminal Defense
    • Personal Injury
    • DWI Law
    • Liquor License
  • Legal Resources
    • Divorce
      • New Jersey Online Divorce
      • Ocean County Divorce Mediation
    • Criminal
    • DWI & Traffic
    • Personal Injury
    • ABC
  • Client Testimonials
  • Contact

Kinship Care – Assuming Child Custody of Someone Else’s Child In New Jersey

February 24, 2016 by Vincent DeLuca

Children at Summer CampAlthough most parents have the best intentions when it comes to their children, there are circumstances that can prevent them from giving their children the proper care. Circumstances such as job loss, mental illness and physical disabilities are often unexpected and not within their control. Parents can, however, make selfish or unsafe decisions that can affect their children’s well-being. Fortunately, many of these parents make the choice to allow relatives or friends to take care of their children. If you are one of these caretakers, you may have thought about asking the court for custody, at least on a temporary basis. In New Jersey the Kinship Care program is in place just for these circumstances.

Requirements for Kinship Care In New Jersey

New Jersey allows long-term caregivers to be appointed as a child’s guardian through the kinship care legal guardianship program. In spite of its name, a guardian does not need to be related to the child. The qualifying conditions for legal guardianship are as follows:

  1. The child has been living with you for at least 12 months.
  2. Both parents are incapable of taking care of the child.
  3. You are related to the child (biologically or legally), or a family friend.
  4. It is in the child’s best interest to stay with you.
  5. You meet the financial eligibility requirements.

These requirements can be explained to you in detail by an experienced family law attorney. Although it’s not required, working with an attorney is the best way to ensure that you understand your rights and legal options. Like most family court-related actions, legal guardianship involves a level of subjectivity, which can be seen in requirements such as “the child’s best interests”. Proving such a requirement requires extensive legal knowledge and trial experience, especially if the parents do not wish to give up their custodial rights.

Find Out Your Legal Rights In New Jersey

Your attorney will further elaborate on the issue of custodial rights, which allows you to assume the same rights and responsibilities of a birth parent. These rights, however, do not negate the biological or legal parents’ parental rights, which gives them the right to visit the child, and disagree to any motions for adoptions or name changes. Furthermore, either parent can seek to end the guardianship through a court motion. The courts will require the parent to show “clear and convincing evidence” that he or she is able to take care of the child, or that the legal guardian is incapable of taking care of the child.
In addition to your legal advice, your attorney can walk you through the process of becoming a legal guardian. Prospective guardians must be assessed by an agent from the Department of Human Services’ Kinship Navigator Program. You won’t have to pay for the assessment if your family income is less than or equal to 150 percent of the federal poverty level, but you will need to complete this step before you can file a petition for guardianship. For a full explanation of the filing process, as well as information about subsidy programs for financial assistance, please speak with the family law attorneys of Villani & DeLuca, P.C. Call today at [dyna_phone phone=’1′ format=’dashed’] for a FREE evaluation.

Categories: Child Custody, Divorce Tags: child custody, Child Custody Lawyers, child support lawyer new jersey, children, Kinship Care, parents, terminated child support

Primary Sidebar

Free Consultation

Recent Posts

  • Villani & DeLuca Divorce Attorneys in Toms River
  • Villani & DeLuca P.C. Attorneys at Law, Rings in the New Year Expanding its Divorce & Family Law Practice in Ocean County, New Jersey
  • Divorce Mediation Consultant
  • Divorce in New Jersey- Who Gets the House?
  • Divorce Papers

Categories

  • Alimony
  • Child Custody
  • Child Support
  • Collaborative Divorce
  • Criminal Procedure
  • Disorderly Conduct
  • Divorce
  • Divorce Process
  • Dog Bite
  • Domestic Violence
  • Drug Charges
  • Mediation
  • NJ ABC Law Blog
  • NJ Criminal Defense Blog
  • NJ DWI & Traffic Law Blog
  • NJ Personal Injury Law Blog
  • Other Criminal Offenses
  • Press Room
  • Theft Offenses
  • Underage Drinking

Our Offices

Point Pleasant Beach

Main Office

703 Richmond Avenue

Point Pleasant Beach, NJ 08742

Phone: 732-709-7757

Fax: 732-892-9053

info@villanideluca.com

Get Directions

Red Bank Office

Office

151 Bodman PL, #303

Red Bank, NJ 07701

Phone: 732-595-4213

info@villanideluca.com

Get Directions

Brick Office

Office

186 Mantoloking Rd #1

Brick, NJ 08723

Phone: 732-504-3391

info@villanideluca.com

Get Directions

Villani & Deluca NJ Lawayers Logo

732-709-7757

Villani & DeLuca P.C. BBB Business Review

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this website, in whole or in part, or communication with the Villani & DeLuca, P.C. via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient. You should not send any confidential information in response to this webpage. Such responses will not create a lawyer-client relationship, and whatever you disclose will not be privileged or confidential unless this firm has agreed to act as your legal counsel and you have executed a written engagement agreement with Villani & DeLuca, P.C. Copyright © 2021 Villani DeLuca P.C. | All rights reserved | Disclaimer | Privacy Policy | Sitemap
X
Free Consultation: Schedule Now Call Now: 732-709-7757