Legal Question in Family Law in New Jersey
emancipation
An order emancipating my daughter was entered because I did not respond with an answer. However, I called the court the day before it was to be decided and informed the court that I did not receive the papers, that I have a new address. I was told a decision had already been made and that I could only file a motion for reconsideration. Could I have just appeared on the day the decision was supposed to be made and be heard? Did the court have the obligation to tell me that? The ceritifed mail was signed for by someone other than myself and I didn't receive it until the day before a decision was to be made. I called the court and the oppositions attorney and requested a postponement which was denied by both. I stated in my request to the court that the information I wished to present would greatly affect the judges decision. The judge gave this no consideration. I could not obtain legal council for a reconsideration but I hired one to do a new motion to unemancipate my daughter. The attorney neglected to attach a brief and my case was thrown out on procedural grounds. My daughter is a full time student, has never left home , is continuous in her education, unemployed and has not moved beyond the scope of influence by her mom
2 Answers from Attorneys
Re: emancipation
Was the second motion a motion for reconsideration? I think you can still file a motion to present the correct information under R. 4:50-1.
I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.
Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: emancipation
You should call me to discuss your situation which seems to be the result
of a number of unfortunate missteps.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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