New Jersey Answer by Natural Mother to Complaint that She Abandoned Child or Consented to Give up Custody

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US-00900BG
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This form is an answer or response to a complaint or petition that the natural mother of a child abandoned the child or consented to give up custody of the child. This form is a generic example of such an answer that may be referred to when preparing such a pleading for your particular state.

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FAQ

Many New Jersey attorneys ascribe to an unwritten rule that a child should have an influence on child custody determinations at the age of 14. Nevertheless, this ?rule? is far more a suggestion and certain situations may allow for a child's influence at a younger age.

Answer. There is no set age in the law that confirms exactly when a child can decide they don't want to see a parent. However, a child can legally decide who they want to live with at the age of 16.

Unmarried parents have the same custody rights in New Jersey as married parents. This means that matters involving child support, custody and parenting time will be determined in the same way that they are for married and divorcing parents.

With this in mind, there is no hard and fast age that a child can choose who to live with in NJ. Instead, like other decisions where the court is involved, the court will make the decision on a case-by-case basis, using some general guidelines.

The state of New Jersey maintains jurisdiction over children who live there, with some exceptions. Any child for whom the state holds jurisdiction must receive consent from both parents in order to be removed from the state, unless an Order of the Court has been issued.

In short, the answer is no, children under the age of 18 cannot outright decide on a child custody agreement. However, a child who is deemed old or mature enough may speak with the judge and convey whether or not they have a preference as to which parent they'd prefer not to live with.

Abandonment of a child shall consist in any of the following acts by anyone having the custody or control of the child: (a) willfully forsaking a child; (b) failing to care for and keep the control and custody of a child so that the child shall be exposed to physical or moral risk without proper and sufficient ...

In New Jersey, the child cannot refuse visitation or have any say in a visitation schedule until they reach the age of adulthood, which is 18. This means that as the custodial parent, you are required to encourage visitation and help to facilitate it even if the child speaks out against being with the other parent.

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New Jersey Answer by Natural Mother to Complaint that She Abandoned Child or Consented to Give up Custody