Legal Question in Family Law in New Jersey

Age child can be unattended

At what age / length of time can a child be left at home ''unattended'' (No adult supervision), without being considered by local authorities as abandoned. Such as: when a parent leaves for work in the morning prior to the child leaving for school, parent running long (many hours) errands, etc ? This should include what age an older sibling can be left to care for a younger one as well (Ie: Can a say, 16 year old legally care for a 9 year old for any time period ?). Are there laws in place in NJ governing this area ? Thank you in advance for your time in responding.


Asked on 6/30/03, 6:39 am

2 Answers from Attorneys

Bruce Matez Gerstein Grayson, LLP

Re: Age child can be unattended

I do not believe that there is any law on this particular subject which specifies the age at which a child can be left alone. However, one must be very careful in this arena. I suggest that if an older sibling is left to watch a younger sibling that he/she be of sufficient age to handle emergencies. It might be best if he/she took a babysitting course and became "certified". I think that the answer to your question depends upon the actual age and maturity of the child or children involved. If you would like to further discuss this matter, please feel free to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.

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Answered on 6/30/03, 5:52 pm
Robert Gleaner Robert A. Gleaner, P.C.

Re: Age child can be unattended

There is no strict rule. It depends on the maturity of the children. I can envision some 16 year olds who should not be left unattended. On the other hand, I can envision some 10 year olds who can be. And, the age that one child can care for another is, again, subject to the maturity of the children. And obviously, in an attempt to "get back" at the other spouse, one spouse may argue that it was negligent for the other to have left the child alone. In the final analysis, all decisions must be made "in the best interest of the children" for that is the standard that is utilized by the Court. Careful judgment needs to be used in these cases. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. Good luck! Rob Gleaner

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Answered on 6/30/03, 8:42 am


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