What age can a child decide which parent they want to live with in NJ?
18
In New Jersey, a child cannot absolutely decide with which parent to live, until s/he turns 18, which is the age of majority. Before that age, the older the child, the more likely a Judge will pay attention to the child’s stated preferences for parental living arrangements.
How do you respond to an order to show cause?
A response to an order to show cause typically requires you to show up in-person to the hearing. You can provide an answer to the order and state why you object to the order being issued.
What is an order to show cause California?
Generally, this order, often called an OSC, is a court order that directs a party to appear in court on a specific date. On that date, the responding party must show cause, or provide justification, for why the judge should or should not issue a certain order or make a specific finding.
What is an emergent motion?
What Are “Emergent Applications” and “Emergent Motions”? The emergent application asks the court to allow a motion to be filed and briefed quickly – an “emergent motion” – so the court can decide it before the event occurs.
How do I file for emergency custody in NJ?
You can file in the family division of your local courthouse and be seen by a judge that same day. In your papers, indicate why you are seeking emergency custody of the child and detail as best you can what is currently going on with the child and the family.
When can a child refuse visitation in NJ?
In New Jersey, 18 is the age of majority. In other words, New Jersey defines the age of adulthood at the age of 18. Unless there was an agreement specified by both parents, the 18-year-old could refuse the visitation without going through the courts. At this age, the child can also choose which parent to live with.
What constitutes an unfit parent in NJ?
In New Jersey, the legal definition of an unfit parent is a parent or caretaker who is unable to provide a safe, secure, nurturing home for their child. The inability to do so could put the child at risk of suffering emotional, psychological, or physical harm as a result.
What is a show cause rule?
An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court. Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties.
What is a Rule to Show Cause?
What is an emergency motion handling order?
Emergency motion is a motion that is presented in court without the normal requisite five business days notice. It is a special motion used for considering a decision quickly in order to avoid irreparable harm. The motion must be filed with the BAP clerk in an original and three copies.