Legal Question in Family Law in New Jersey
child custody
my husband has had full custody of my step-daughter for 2 years. The mother is getting ready to go to jail for embezzlement. my step-daughter (15) has decided she wants to live with her mother in oklahoma. The mother is an alcoholic on wellfare with two other children and single. Will my step-daughters decision stand up in court? The mother has a history of alcohol abuse and verbal abuse to the children and that is why there father has full custody. Her mother has no rules for her and I think she wants that freedom. We are very strict with her and she makes a's in school. she will never finish school if she lives with her mother. the mother says she is going to serve her time in jail and then she wants her daughter to live with her and the daughter wants to go. how can we prevent this from happening. my husband is beside himself after all he has done for her all these years.
3 Answers from Attorneys
Re: child custody
As the child approaches eighteen her wishes as to custody become of greater importance but the best
interest of the child is the controlling consideration. It seems unlikely to me that a court, knowing the information about the mother which you have outlined, would permit a change of custody.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
Re: child custody
It is not up to a 15 year old. It is up to the judge, who will act in the best interests of the child.
If your facts are correct, I cannot imagine a judge giving the mother custody of this child.
On the other hand, she is 15 years old, going through adolescent angst, and obviously is confused.
It is possible she could apply for emancipated minor status, but it does not sound as if she would be successful.
Even though this may be frustrating for you, keep being a good parent and role model to this unfortunate girl. She desparately needs you as a positive role model even if she doesn't realize that right now. In the future she will really appreciate it (it may take years).
Dont' give up on this child.
Re: child custody
There is no particular age when a child can make her own choice. It depends on the maturity of the child. Some 10 year olds may be mature enough to choose; some 16 year olds may not be. All child-related decisions, however, are based on the best interest of the child and after hearing all of the facts and circumstances and perhaps hearing the opinions of experts, the Court would make its determination. In this particular case, if the facts were properly brought before the Court, I doubt that the Court would grant an application to allow the child to move out of state to be with a woman who is about to go to jail. Keep in mind that this advice is based purely on the bare facts that you have given me here. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with an attorney. I would be happy to discuss this matter with you if you would call me at 856-546-8010. Mention Law Guru and your first one hour consultation is free. Good luck! Rob Gleaner
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