Q: Does a visitation order stop at the age of 18?
I have a order of child support and joint custody pretty much right down the middle but my daughter just turned 18 and last few weeks has chosen to stay at my house more and her mom is saying that she can't do that. I thought at 18 the child can say where she wants to stay.
A:
Hi and thanks for your question! The law in New Jersey with respect to when a "child" becomes an "adult" for many circumstances is indeed 18. But, it's not quite as clear in family law. You and you ex seem to have a pretty clear parenting plan order in place that talks about custody and child support and that order should continue to be followed, without question. You don't want to find yourself in front of a judge trying to explain why you aren't following the court order.
There is no automatic age for emancipation in New Jersey. In fact, child support could conceivably continue until your daughter turns 23 if certain conditions are met, such as her being in college full-time. But, it gets a little murky when we talk about parenting time and where an 18-year-old chooses to spend her time. It would be very awkward to force an 18-year-old to spend time with either parent. And, courts in New Jersey have allowed children as young as 12 to voice their opinions on where they want to live. So, it stands to reason that a judge would not force an 18-year-old to not spend more time with you.
That being said, talk with an attorney. It may be best for you to go back and change the existing custody and parenting time plan to reflect what is really happening in your lives at this point. Or, if your daughter is working full-time and supporting herself, you may want to consider asking that she be emancipated. This way neither of you will have a say in what she does or where she lives going forward.
Many attorneys, like us, offer free consults. Consider a consultation in your area to get really tailored advice for you and your family.
Hope this helped! Regards, Bari
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