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Q: emancipated minor? ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: emancipated minor?
Category: Relationships and Society
Asked by: dodoboy86-ga
List Price: $30.00
Posted: 15 Jul 2003 12:01 PDT
Expires: 14 Aug 2003 12:01 PDT
Question ID: 231316
Is it possible to get emancipated minor status in new jersey and what
place allow fully driving privileges for a minor in NJ. Also if its
possible, how do i go about getting it?
Answer  
Subject: Re: emancipated minor?
Answered By: tutuzdad-ga on 15 Jul 2003 14:46 PDT
Rated:5 out of 5 stars
 
Dear dodoboy86-ga;

Thank you for allowing me an opportunity to answer your interesting
question.

The answer is NO. 

The state of New Jersey does not have a juvenile emancipation statute
by which it can grant the emancipation of a minor. The only statute in
New Jersey that relates to the emancipation of a person under the
legal age of adulthood is on that pertains solely to the termination
of parental rights to a child by “an approved agency” such as a
protective agency of the health and welfare, etc. This statute is
entitled:

“TITLE 9 CHILDREN--JUVENILE AND DOMESTIC RELATIONS COURTS
9:2-18.      Procedure to terminate parental rights”     

…which states:

“6.   An approved agency which is providing supervision of a child may
institute an action in the Superior Court, seeking the termination of
the rights of the parents of such child and the transfer of custody of
such child to the agency. A prior surrender of custody as provided by
Article II of this act shall not be deemed a waiver of notice or
service of process in proceedings under Article III hereof. At least
five days prior to the hearing, the plaintiff shall file with the
court a written report as to all circumstances of the case.

L.1955,c.232,s.6; amended 1991,c.91,s.192.”

So you see, a minor cannot petition the state of New Jersey for
emancipation. Emancipation in itself generally does not allow a minor
to enjoy all the same rights as a legal adult in that he cannot marry,
join the military, drink alcoholic beverages, drive, vote, etc without
consent or authorization. One such way however that you might be able
to become emancipated in New Jersey is to obtain legal authorization
from a consenting guardian to join the military. This precedent was
set by “Bishop v. Bishop” in which the court found that a military
cadet, as an active-duty member of the United States Army, owed his
allegiance to the president of the United States as commander of chief
of the military, not to his parents.


I hope you find that that my research exceeds your expectations. If
you have any questions about my research please post a clarification
request prior to rating the answer. I welcome your rating and your
final comments and I look forward to working with you again in the
near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad-ga



INFORMATION SOURCES

EMANCIPATION IN THE UNITED STATES
http://www.jlc.org/home/JLC@Work/info/FAQ/emancipUSA.html#newjersey

CORNELL UNIVERSITY - STATE LAWS ON EMANCIPATION OF MINORS
http://www.law.cornell.edu/topics/Table_Emancipation.htm

NEW JERSEY PERMANENT STATUTES
http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=42535598&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&record={31C1}&softpage=Document42

BISHOP V. BISHOP
http://www.bostoncoop.net/lcd/emancipation/new_jersey.html



SEARCH STRATEGY


SEARCH ENGINE USED:

Google ://www.google.com


SEARCH TERMS USED:


JUVENILE EMANCIPATION NEW JERSEY

EMANCIPATION MINOR NEW JERSEY

CONTRACTUAL EMANCIPATION NEW JERSEY

EMANCIPATION COURT NEW JERSEY
dodoboy86-ga rated this answer:5 out of 5 stars

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