NJSBA Family Law Section

Facts are these,  3 children living with their "oxygen thief" father.

Children's ages are 21, 19 and 17.  21 year old is employed.  19 in college full time. 17 junior in HS.

Mother is physically unable to take custody of the children. (relocation for work and bad work schedule.) 

Father is doing nothing as far as helping to support the children, who are being supported by mother, grandparents and other relatives. He is apparently not even making attempts to get full assistance for things such as food stamps and utility assistance.  Children are also telling mother and  relatives father is being abusive to them, although not physical abuse, more verbal and psychological.

Family does not want to interrupt the 17 year olds HS education by moving him out of district to live with another relative. 

Can the 21 year old seek custody of the 17 year old?  If not, I am open to other suggestions to get Dad out of the picture while not forcing 17 year old to move out of district.

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Holly Friedland Esq.
Florham Park NJ
(973)597-1700
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Holly

An older sibling can get custody (especially if Mom consents). (now depending on when the kid turns 18, the court process might take longer than it takes the kid to be emancipated). the youngest is 17 so the youngest and also certify and testify to the court that he wants to live with 21 year old etc.
the other option is to ask the school if the kid can stay for his/her senior year even if they move to another town. they do that sometimes.
Sandra Lascari, Esq. in Madison, NJ does education law. Give her call.

Alice M. Plastoris, Esq.
82 Speedwell Avenue
Morristown, New Jersey 07960
973-538-7070
973-538-7088 Fax
[email protected]<mailto:[email protected]>


Original Message------

Facts are these,  3 children living with their "oxygen thief" father.

Children's ages are 21, 19 and 17.  21 year old is employed.  19 in college full time. 17 junior in HS.

Mother is physically unable to take custody of the children. (relocation for work and bad work schedule.) 

Father is doing nothing as far as helping to support the children, who are being supported by mother, grandparents and other relatives. He is apparently not even making attempts to get full assistance for things such as food stamps and utility assistance.  Children are also telling mother and  relatives father is being abusive to them, although not physical abuse, more verbal and psychological.

Family does not want to interrupt the 17 year olds HS education by moving him out of district to live with another relative. 

Can the 21 year old seek custody of the 17 year old?  If not, I am open to other suggestions to get Dad out of the picture while not forcing 17 year old to move out of district.

------------------------------
Holly Friedland Esq.
Florham Park NJ
(973)597-1700
------------------------------

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