An Elmwood Park man filed a lawsuit for $60 million against New Jersey's Division of Child Protection and Permanency. He believes that his parental rights to a child he had with his twin brother's wife have been violated. Everyone facing family law issues should have a full understanding of their legal rights to help them throughout their case.
The lawsuit was filed in federal court in August. It claims that the agency violated the man's rights several times after his child was born in 2007. The suit states the child was born with cocaine in its system. It blames the mother for this and states that the man had no knowledge she used drugs during the pregnancy. It also states that the mother and the man's brother were separated for more than a year at the time.
Within days of being born, the child was placed in a foster home. Issues over paternity surfaced shortly after.
DNA tests were unable to tell the man and his brother apart. Because of this, he claims he was not recognized as the child's father until 2008. He claims the state has falsified evidence against him and used it to try to deny and restrict his access to his son. He says the agency also forced him to take random drug tests. These tests combined with health issues left him unable to secure steady employment and led the state to deny him parental rights.
This case shows how complicated child custody cases can become. These cases require anyone involved in them to be aware of their legal rights to allow them to make better legal decisions.
Sources: nj.com, "Elmwood Park man suing state for $60 million over custody of son," Dan Ivers, Oct. 28, 2012