Here in New Jersey, state law provides parents with certain rights. In some cases, particularly when parents are unmarried, fathers may have to jump through additional legal hoops to ascertain their rights. As we have previously discussed, this can be particularly difficult for members of the military who may be on deployment when a custody dispute erupts.

In a recent case, a judge has reunited a military dad with his daughter after the girl’s mother put her up for adoption while the father was away on duty.

The couple in this case was married and living in Texas when, in 2011, the husband was transferred to South Carolina. The wife was pregnant at this time, and the two were experiencing marital strife, according to a news report.

When the sergeant moved to South Carolina in January 2011 he reportedly expected his wife to join him with the baby soon thereafter. However, he says his wife cut off communication with him and contacted an adoption center.

The baby girl was later adopted by a family in Utah, despite the fact that the girl’s father was reportedly trying to contact his estranged wife since he moved, and he was unaware of the adoption.

Ultimately, he learned of the adoption and went to court to fight for his parental rights. A judge awarded him custody Friday, but the girl’s adoptive parents have appealed, arguing the biological father had not done what is required by law to assert parental rights.

A judge, however, has said he is troubled by the adoption agency’s actions in this case, allowing the child to be placed with an adoptive family without considering the father’s rights.

A hearing will take place in March regarding the appeal.

This case shows us how important it is for parents to protect their legal rights. Although this father was married at the time his daughter was born, similar issues can be particularly difficult for unmarried fathers who may have fewer legal rights if they do not take the proper steps.

Source: New York Daily News, “‘I got my daughter back’: South Carolina military dad reunited with daughter who was put up for adoption without his consent,” Erik Ortiz, Jan. 27, 2013

• Our family law firm in Kingston, New Jersey, helps parents assert their rights as well as handle child custody matters. To learn more about our law firm’s services, please visit our Child Custody and Relocation page.