Legal Question in Family Law in New Jersey

Can son move in with father when he turns 18?

My son turned 18 in March. His mother and I divorced when he 5 yrs old and selected joint custody with mother as custodial parent. Standard visitation of every other weekend, etc. He is going to college in Aug/Sept and wants to change living arrangement to split time between both parents (with an established schedule). His mother refuses to allow him to change living arrangement. He is on 6 months probation for an incident when he was 17 (with 5 months to go). Is he considered within ''Age of Majority'' and can make his own decision? Is he emancipated, legally, or not since he is going to college. (I know that he is not considered emancipated in concerns to divorce but how about making his own decisions. Thank you.

Asked on 4/20/05, 2:46 pm

3 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law
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Re: Can son move in with father when he turns 18?

Your son is an adult in that he can vote and if he is charged with an offense juvenile court has no jurisdiction over him. He can not be charged as a juvenile delinquent because he is no longer a juvenile.

Your son is still dependent on his parents while in college,but I would think that he can live with

the parent he chooses.

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4/20/05, 2:56 pm
Robert Gleaner Robert A. Gleaner, P.C.
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Re: Can son move in with father when he turns 18?

There is no particular age when a child can decide. It depends on the maturity of the child. Some 10 year olds may be mature enough to choose; some 16 year olds may not be. All child-related decisions are based on the best interest of the child and after hearing all of the facts and circumstances and perhaps hearing the opinions of experts, the Court would make its determination. In this case, because the child will be attending college, I would suspect that the factors would weigh heavily in favor of his college plans and his desires. Keep in mind that this advice is based purely on the bare facts that you have given me here. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact a Family Law or Divorce attorney in New Jersey (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

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4/21/05, 6:48 am
Drew Hurley Law Offices of Drew M. Hurley
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Re: Can son move in with father when he turns 18?

Your son can live with whichever parent he chooses or neither of them, the only proviso possibly being that he reside in a certain location as part of his probation.

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4/21/05, 12:09 pm

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