Legal Question in Family Law in New Jersey

Re: Emancipated Minor in the State of New Jersey

In order for your friend to become emancipated before she turns 18, she would have to file an emancipation petition with the court. However, her parents cannot adopt the baby out without a court order certifying that your friend is an unfit mother. If she needs a lawyer to help her file an emancipation petition, or to defend against her parents trying to declare her unfit, your friend should call us at 201-963-6445 to schedule an appointment as soon as possible. Santorella & Wheatley, P.C., Parc Plaza, 590 Newark Ave., Jersey City, NJ 07306.

Re: Emancipated Minor in the State of New Jersey

The anguish that your friend is now going through is incredible. I hope she is being very careful with her decision. I realize that she wants to keep this baby. However, she needs to consider what is in the best interest of the baby. As teenagers, this soon-to-be mother and father will be thrust with the awesome responsibility of parents. Every teenager, at their age, is going through many emotional and physical changes that does not mesh well with parental responsibility. When their present financial wherewithal is added to that, they cannot possibly be ready to raise this child, especially without the support (mental, emotional, financial) of the baby's grandparents. Adoption should be very seriously considered by these parents-to-be. It would be the greatest gift they could give their child.

On the other hand, if after all of this consideration and counseling, if they still want to be parents, there is a court process which would allow for the emancipation of the mother. Since your friend has not retained an attorney in this case, before she takes any further action, she should contact an attorney (either me or someone else) to discuss her matter in more detail. My office is in Camden County and if she is South Jersey, I will be happy to assist her if she calls me at 856-546-8010. If she mentions LawGuru, there will be no charge for her first consultation. Best wishes to her and her boyfriend in this most serious time. Rob Gleaner

Re: Emancipated Minor in the State of New Jersey

hi -

your friend would have to apply to be emancipated in the family court in the county in which she lives. it's done all of the time. then, she would be legally on her own. keeping the baby is then up to her 100%. the family couldn't fight it, successfully.

it's a tough road, however.

if you have any other questions, feel free to call me at 609 263-0089. good luck !!