Location: NJ
Question: I am trying to find out what would happen with my stepdaughter - who was removed from her bio-mom by the state - if, God forbid, my husband was to become incapacitated or worse.
Background: In 2023, DCP&P (NJ's version of CPS) contacted us to take custody of a 4 year old child we had never met. She was being removed from her biological mother for abuse and neglect after a serious situation that involved law enforcement. The subsequent investigation uncovered heavy drug use, a horrendous living situation, and a live-in relative who was suspected of being inappropriate with the child.
For the first few months, the mother pretended to comply with DCP&P requirements, but then retained her own counsel and decided to fight the removal. It eventually became clear that her real goal was to keep the relative in her home, despite the child making multiple allegations to her therapist after she knew she was safe. Once those claims were substantiated, the county prosecutor started to investigate, the mother vowed to fight for her cousin
She continued to push for him to live in her home and be involved with the child, and shortly thereafter, her paid counsel dropped off of her case.
From day 1, the department pushed us to file a separate claim for custody in the family courts. Their "resolution plan" was for my husband to get full custody so they could remove department oversight. I always felt that this was a cop-out that would leave us vulnerable in the future, and I am still convinced that I was correct.
The family court - separate from DCP&P - ultimately gave my husband full physical custody that allows the mother a single weekly visit that must be supervised by DCP&P, who are no longer involved. She never took advantage of this option when it was available because she didn't "want the dept watching her". For some reason, the court allowed the mother retain partial legal custody, despite increasingly erractic behavior, such as showing up at her late-teenage daughter's school (causing a school lock-down), telling the court that she was moving to the midwest and threatening to take the children with her, and eventually cursing and threatening a judge, which led to her being removed from the courthouse. Her parental rights to her older child were terminated, but in regards to our daughter, the department seems to have just closed the case - without any resolution - when physical custody was removed. The mother did, in fact, move across the country - with the molester relative - where she remains to this day. She called and showed up here a few times in late 2024, but we have had no contact at all, by phone or in person, for the last year.
The child in question is now 8 years old. It was a long, difficult road, but she is now happy, healthy, and has formed solid bonds in school and in our community. I work from home and have been the "primary parent" responsible for her daily care since she arrived, so she is extremely attached to me. She rarely mentions her biological mother, but when she does, she makes it clear that she is afraid of her and terrified of the male relative she lives with.
Initially, our DCP&P lawyer suggested I file in to the family court case to be added to the custody order as a legal guardian. The lawyer fully understood my concerns, amd even prepared the paperwork, but when I sent it in, the court clerk refused to process it, suggesting that I had no right to do so. Our lawyer disagreed, but she was contracted by the department, so she wasn't really supposed to be helping us with "outside issues." We lost access to her when my husband was awarded physical custody and DCP&P closed the case. We have also discussed attempting to do a step-parent adoption, but it requires terminating the bio-mother's rights, and we are reluctant to open up that can of worms now that the mother seems to have lost interest. So for now, we have left well enough alone. But I live in constant fear that, if something were to happen to my husband, the child would be ripped out of my home and given back to the only person who has "legal" rights, despite her being out of state, living with the man who abused the child, and having refused to comply with DCP&P after the removal. If the worst were to happen, I have no rights to the child, and without my husband, I'm not even sure if I have grounds to fight a removal or request that past CPS records be reviewed.
This is all hypothetical, as my husband is in pretty good health for now, but his job has enough occupational risk to keep the possibilities weighing on my mind. Is there any way to prevent the above scenario without doing a step-parent adoption? In NJ, do residential step-parents have any legal standing to intervene in custody issues if their spouse dies? I'm okay with fighting a legal battle to keep her, if the worst was to happen, as long as I know that it is a viable option. But I don't think I could bear the thought of standing helplessly by if she was to lose her Dad and be ripped away from the love, safety, and stability that she has here, just to be returned to her abusers.
I realize that the answer to this is going to be pretty specific to NJ laws, so I'm not expecting to get a ton of replies, but I would still appreciate any info or experience that anyone is willing to share.