Appellate Division Win for Team of Attorneys

Richard Mirra, Esq., Glynn Dwyer, Esq., Nicole Tracy, Esq., and Andrea Mackaronis, Esq. recently prevailed in the Appellate Division where they defended a local adoption agency In the Matter of the Adoption of a Child by L.K. and C.K. The adoption was challenged by the birth parents who changed their mind approximately one month after surrendering their child to the adoptive parents. The case was tried successfully by Glynn Dwyer, Supervising Partner of the firm’s Family Law Department, assisted by Nicole Tracy. The Appellate Division affirmed the trial court’s decision terminating the birth parents parental rights and finalizing the adoption. They found that the birth parents received thorough counseling concerning their placement options and that they were adequately informed when they signed the surrender documents. The Appellate Division ruled that the trial court’s findings of fact, including its findings as to credibility, were substantiated in the record. The Appellate Division affirmed the trial court’s finding that the birth parents failed to show that the adoption agency perpetrated a fraud or that they acted under duress or due to misrepresentation, which would have been necessary to invalidate the adoption pursuant to N.J.S.A. 9:3-41(a).  The appeal was led and argued by Richard Mirra, who was assisted by attorneys Nicole Tracy and Andrea Mackaronis on the brief.