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Is giving temporary custody of a 16 year old to a family friend possible for teen to finish schooling at a certain school?

Union, NJ |

Family wants to move districts. Teen is very well established in current district (Top Student). However, teen also has conflicts with mother leading to very stressful external and internal conflict which are not very beneficial to this teen planning for a better future. Family friend in current district is willing to take in and provide for teen to continue schooling in current district. May temporary custody agreeement for the school year be possible? Is Emancipation of the 16 year old also possible?

Attorney Answers 2

Posted

Depending on circumstances, it MAY [as in maybe, not for sure] be possible to accomplish your goals. However it is ESSENTIAL to do it correctly because a parent can be liable for tuition to a public school if the parent has an ineligible child attend the school. Therefore, if you realy want to do this, get legal advice first and recognize that the fees should be in the thousands as this isn't a minor or simple matter. BTW, you also can inquire whether your NJ district may allow a high school student whose parents move out of district to finish school in the district, but there could be a charge.

If you want to pursue this, I'd be happy to work with you and I'm about a half hour from Union, just off I-78 exit 33.

Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

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Posted

Would it change anything if temporary custody were to be given to the maternal grandparents? They are going to stay in the current house an pay taxes to the district.

Posted

The situation you describe is possible but there are many issues, like medical decision making, financial support, tax deductions, etc involved in such an arrangement that need to be in writing. You should consult with an attorney who can guide the families through these issues. I have been involved in similar cases and the families were able to come to terms in the best interest of the minor... Good luck!

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