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My husband has a daughter from previous marriage, they divorce in nj. His daughter is 33 weeks pregnant, can he emancipate her.

Somerville, NJ |

She signed up for welfare benfits, such as WIC and medcaid.

Attorney Answers 3


  1. Giving birth does not automatically emancipate a child in New Jersey. However, I believe she would have to represent that she is financially independent to apply for public assistance. If the daughter is over age 18, I'd contact your probation worker and ask them to schedule an emancipation hearing.

    IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.


  2. As indicated by Mr. Davis, if she is receiving such government benefits she could likel be deemed emanciapted. You should contact Probation immediately.

    The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.


  3. It depends if the daughter is "beyond the sphere of influence" from her parents. Although in many states, 18 is the majority age for emancipation, NJ does not have such a law. The fact that she is pregnant would not a determining factor unless she is support by a boyfriend, in fact married, or is well beyond the college age and has no intention of going to and/or finishing school. I agree with the attorneys above that a decrease in support may be warranted is she is receiving some government benefits, however, contacting probation is probably your best bet at this time.

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