QUESTION
I know of a set of twin boys age 16 years old who need to be emancipated from their mother. They have no idea who or where their birth father is.
Asked on Apr 04th, 2017 on Family Law - New Jersey
More details to this question:
The mother is from Vietnam. I believe the mother collects some type of state welfare money as she is a person who does nails and doesn't make much money. The mother refuses to tell the boys who their father is or where he lives. She provides nothing for these boys. They live with a nice man who supplies the roof over their head and the clothes on their backs. The mother is never home. she pays for an apartment in Howell NJ but doesn't not live there. The boys live with this man in Jackson NJ and he and I make sure the boys are well taken care of. I do not live with them as I am married with my own 16 year old daughter. I became friends with the boys thru my daughter. The boys hate their mother. They want nothing to do with her as she does nothing for them. I have tried calling the welfare fraud dept on this lady as she either leases or owns her own nail salon in Lakehurst NJ called "Just Nails" These boys need freedom from her. They don't have any money for a lawyer.
1 ANSWER
Anthony Van Zwaren
This is a difficult condition to answer. Emancipation is not easy in NJ and is available only to those who can show they are self-supporting, getting married or entering the military. The person who has been taking care of the children can apply for custody based upon the fact that the person has been caring for the twins. While normally a non-parent cannot get custody from a natural parent, it is possible to show that the person has become the children's "psychological parent." By showing a close relationship, and the fact that the person has been providing material support, a judge can possibly order a change of support. Since the children are 16 years old already, the judge could also interview them. Their opinion would have some weight as the children are almost at the age of emancipation. However, it is not automatic. Chances are the mother wants the children in order to get government assistance and may fight. You need to confer with an attorney.
Answered on Apr 21st, 2017 at 1:48 PM