Child abandonment, where a parent removes themselves from their child's life, is one of the most pernicious and devastating forms of child abuse. It can cause the abandoned child to suffer from self-esteem issues that lead to a litany of harmful behaviors, including drug abuse and criminal activity. New Jersey takes child abandonment cases very seriously, and parents who commit this act run the risk of having their parental rights terminated.
Are you a parent involved in a child abandonment case? Cases involving this form of child neglect are often heart-wrenching, and it can be difficult to know how to proceed. Whether you've been accused of child abandonment and are facing the termination of your parental rights, or you are a parent seeking to take full custody of an abandoned child, having dedicated legal counsel is imperative. Call the Lento Law Firm Family Law Team at 888-535-3686 or contact us online today.
New Jersey Child Abandonment Laws
New Jersey's legal authorities and family courts both recognize parental stability's impact on growing children. Even in cases where both parents are no longer together, there is a strong consensus among child development experts that children are better off when they have the stability that comes with both parents being a constant presence in the child's life.
However, this doesn't always happen; some parents shirk their responsibilities to help their child develop into a responsible adult by disappearing from the child's life completely. Doing so harms their child and complicates life for the remaining parent in several significant ways. Everything from enrolling children in school to making medical decisions about the child's well-being becomes exponentially difficult if one or both of the child's parents have left the picture.
That's why New Jersey's child abuse and neglect laws allow parents in this situation to initiate a legal process of terminating the parental rights of a negligent parent who has removed themselves from their child's life. However, this process requires anyone seeking to terminate a parent's legal rights to meet a specific legal standard. New Jersey defines child abandonment as:
“(a) willfully forsaking a child; (b) failing to care for and keep the control and custody of a child so that the child shall be exposed to physical or moral risk without proper and sufficient protection; (c) failing to care for and keep the control and custody of a child so that the child shall be liable to be supported and maintained at the expense of the public, or by child caring societies or private persons not legally chargeable with its or their care, custody and control.”
Other Forms of Child Abuse and Neglect
New Jersey law has an expansive definition of child abuse or neglect, and child abandonment is just one of them. Other forms of child abuse or neglect in New Jersey include, but are not limited to, the following:
- Assigning responsibility for the child's care to another adult via an illegal process (e.g., illegal adoption)
- Exposing the child to activities that could harm or twist the child's morals (e.g., sexual activity, sexual images, illegal activity of any kind)
- Employing the child or allowing the child to do work that is dangerous or likely to cause harm
- Physical abuse of any kind (e.g., excessive corporal punishment, locking a child inside a home)
- Denial of everyday life necessities (e.g. adequate food and drink, shelter, clothing, hot water)
- Failing to demonstrate or uphold reasonable moral standards (e.g., constant use of profanity, being consistently under the influence of drugs, alcohol, or controlled substances in the child's presence)
- Any behavior that exposes the child to the risk of severe harm, physical injury, or death
- Emotional abuse (e.g., constantly berating the child, using denigrating language towards the child)
How to Report Child Abuse and Neglect
Anyone who believes they have witnessed child abuse or neglect of any kind can report the abuse to the following agencies: the New Jersey Department of Child Protection and Permanency. The department will examine the allegation and, if they believe it has merit, name an investigator to conduct a formal investigation.
No Liability for Making Good-Faith Reports of Child Abuse
Child welfare is of paramount importance to both municipal and state authorities. With that in mind, the state actively encourages anyone who believes they've witnessed child abuse to report it to the proper authorities. People who make these good-faith reports are immune from civil and criminal liability from New Jersey law in cases where an investigation reveals that no abuse occurred. It is also illegal to discipline, fire, or discriminate against employees for reporting abuse.
It's also important to know that New Jersey law classifies anyone who “knowingly fails to report suspected abuse or neglect” as a “disorderly person.” The willful failure to report sexual abuse of a child is a 4th-degree criminal offense.
What is the Legal Standard of Abandonment?
The New Jersey Department of Child Protection and Permanency can petition to strip parents or guardians who abandon their children of their parental rights. This is a legal process known as an involuntary termination of parental rights, and a New Jersey judge must make the decision. The Judge will only take this step if they believe that the Division of Child Protection and Permanency meets New Jersey's legal standard for abandonment.
It is a high legal standard, but that is fitting with the severity of the state's action. For example, it may be unpleasant or unbecoming of a parent to go out drinking and not return home that evening, but an isolated incident of that behavior may not necessarily classify as abandonment.
Several specific legal requirements must be met before a legal case can be made for child abandonment. Those standards are:
- The child at the center of the case must be a minor (under 18)
- The person(s) subject (defendant) to the allegations must be the child's parent(s) or legal guardian(s)
- The defendant must have “knowingly” abandoned the child
The most important part of the third element is the term “knowingly.” For example, a parent being away on active-duty military service or an employment assignment abroad is not the same thing as a parent with a substance abuse problem having no presence in a child's life for months at a time. Some examples of this lack of presence include, but are not limited to, the following:
- No contact or meaningful interaction with the child
- Failure to provide life necessities (e.g., food, water, clothing)
- Failure to provide financial support
These are all normal duties expected of a parent or guardian with an active presence in their child's life. If the department investigator finds the parent is knowingly or willfully failing to discharge those duties, they may temporarily remove the child from the home. However, if the parent makes no effort to modify their behavior over a prolonged period, the department may move for involuntary termination of their parental rights.
Legal Representation in New Jersey Child Abandonment Cases
Child abandonment is, by definition, a family matter, and family matters are rarely, if ever, straightforward. Although the New Jersey Family Court system and the Department of Child Protection and Permanency both endeavor to serve the best interests of the children in the case, every child abandonment case will involve adults in the child's life and evoke high emotions.
It requires skill, determination, and experience to navigate this process successfully. The services of a dedicated attorney from the Lento Law Firm Family Law Team could help make a positive difference. Our team has spent decades helping good people fight and win child abandonment cases. We pride ourselves on our dedication to our clients and our willingness to go the extra mile for our clients.
The Lento Law Firm Family Law Team understands the criteria New Jersey Family Court judges apply during child abandonment cases. We have decades of experience fighting for parents and helping them achieve their desired outcomes in these cases. No matter which side you are taking in court, you want a legal team who knows how to build strong cases and stand up for your due process rights.
The Lento Law Firm Family Law Team is Here for You
Your parental rights and your child's future are too important to entrust an attorney who won't fight for their clients like family, and that's exactly what we do. The Lento Law Firm Family Law Team won't leave any stone unturned in a child abandonment case. We know the stakes are high, and that's why we fight so hard for our clients and their children.
No one ever wants to go to court in a child abandonment case, and having your parental rights in the hands of a family court judge can make you feel like you have no control over your future. However, you can choose your attorney, and your choice of attorney could be the difference between winning and losing your case. Call The Lento Law Firm Family Law Team at 888-535-3686 or contact us online today!
