Legal Question in Family Law in New Jersey

emancipation process for an 18 year old wishing to stay in public school on his

I have a non-blood nephew who plans on moving out of his parents house, on his 18 birthday, due to abuse of his parents, and will live with my wife and me. My local public school has indicated that he must emancipate himself at 18 to attend public school and to allow himself to graduate this year. His parents refuse to help him in any mannor, and may even try to block him from finishing school as a way to keep him from moving out. How is the emancipation process initiated? Must we wait until the boy turns 18 to start the process? Is there another procedure that can be pursued to keep this boy in school when he turns 18 and no longer lives with his parents? Is the school requiring this prerequisite for attendence even legal since the boy will already be 18?


Asked on 11/19/03, 2:43 pm

1 Answer from Attorneys
Bruce Matez Gerstein Grayson, LLP

Re: emancipation process for an 18 year old wishing to stay in public school on

There is no emancipation process for an 18 year old. Once he turns 18, he is well within his rights to declare himself emancipated and live where ever he chooses. I do not understand the information provided by the school system. I think you need to clarify that. If he wants to leave his parents home at 18, he can. They can not stop him. He can seek to be emancipated prior to his 18th birthday if he chooses. However, the Court's are generally reluctant to grant that type of relief. There is also the option of you filing for custody of him. If you or your nephew would like to further discuss these issues, please feel fee to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.

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Answered on 11/19/03, 3:23 pm


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