New Jersey man sues over child custody | Lane & Lane, LLC
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New Jersey man sues over child custody

A New Jersey man is suing the Division of Child Protection and Permanency after claiming that custody of his child is being denied to him. The lawsuit seeks $60 million and alleges that the man's civil and child custody rights have been violated ever since his son was born in 2007. The baby had cocaine in his system at the time of his birth, but the father denies any knowledge of drug use.

The child was placed into the foster system soon after his birth. Paternity and child custody issues soon occurred because DNA tests were unable to distinguish who the father was, between the man in the lawsuit and his twin brother. The man was not legally acknowledged as the child's father until 2008. His lawsuit claims that New Jersey has falsified evidence, forced him to random drug testing, and sought to restrict his parental rights by forcing his son into a foster home.

The man claims the drug testing requirements required him to miss work and complications from a surgery made it difficult to hold a steady job. The suit further alleges that the state then used the man's unemployment as a factor to terminate his parental rights. In 2009, the man lost all his rights to his son. He is seeking millions of dollars in compensatory and punitive damages.

New Jersey parents involved in a child custody battle have rights available to them. These types of cases can be difficult and emotional for everyone involved. Knowing one's legal rights as they pertain to custody can help parents make the decisions necessary to secure their parental rights and begin to regain normalcy to their lives.

Source: NJ.com, "Elmwood Park man suing state for $60 million over custody of son," Dan Ivers, Oct. 28, 2012

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