Legal Question in Family Law in New Jersey

Special needs child

We have a special needs child, she has been classified as such for 16 years. We have recently have been haveing more difficulties controling her temper and she has now gotten to the point that she wants to leave home. She is 18 but I need to find out a couple things that could help us keep her under control.

1. We do not yet have full custody can we legally keep her from leaving.

2. We believe there is a boy involved and I would like to know if the statatory rape laws are different for someone that is functioning below the legal age.

We have started working on getting partial guardian ship now but until that happens we need to know what we can do to help now.


Asked on 8/03/08, 8:54 pm

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Special needs child

It is a crime to have sex with someone who has a greatly diminished mental capacity where there is an issue of the person's capacity to make an independent decision as to whether to have sexual relations or not. I would suggest that you proceed with caution if you decide to take this line of attack. You may be using a cannon to kill a mosquito.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 8/03/08, 9:01 pm


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