Legal Question in Family Law in New Jersey
dad gives consent for minor to move out
I am divorced and share custody of my 17 year old son. he has moved out of his mother's home and is living with a friend and her famil. I have given him permission for this but his mother is threating to get the police involved. She can be quite flighty at times and my son is much happier out of the home. He is unable to live here due to earlier behavior on his part. Can I give permission angainst his mother's wishes for him to live there? Does he have to be emancipated?
1 Answer from Attorneys
Re: dad gives consent for minor to move out
It is unclear from your question as to whether or not custody is truly joint or whether your wife is the sole custodian. It is also unclear as to who has the right to make final decisions or whether all major decisions must be joint. These issues would be clarified by a review of the Final Judgment of Divorce or your Separation Agreement. In general, either parent can give permission; however, my answer may be different, depending on what those documents say. If you are truly at an impasse with your ex-spouse, a Court would need to decide based on what the judge feels would be in the best interest of the child. If you want to discuss this with me, feel free to call my office. Good luck!
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