Pennsville, NJ asked in Social Security and Family Law for New Jersey

Q: my mom wont give me my birth certificate or social security card is this illegal?

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2 Lawyer Answers
T. Augustus Claus
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A: In New Jersey, once you reach the age of 18, you have the legal right to possess your personal identification documents, such as your birth certificate and social security card. Withholding them may be seen as withholding personal property. However, circumstances can vary, and it might be helpful to understand the reasons she's withholding them. If you need them urgently, there are processes in place to request new copies of both documents.

James L. Arrasmith
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  • Social Security Disability Lawyer
  • Sacramento, CA

A: In the U.S., once you reach the age of majority (usually 18 in most states), you have the right to possess and control your personal documents, including your birth certificate and Social Security card. While your mother might have had the right to hold onto these documents when you were a minor, withholding them from an adult child could be problematic. If she refuses to give them to you, you can obtain duplicates. You can request a new birth certificate from the vital records office in the state where you were born, and you can apply for a replacement Social Security card through the Social Security Administration. If the withholding is causing you tangible harm or is part of broader problematic behavior, consider consulting with legal counsel to discuss your options. Remember, your personal identification documents are crucial, and you have the right to access and control them.

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