What does "beyond the sphere of influence" of parents really mean?

Asked almost 5 years ago - Montclair, NJ

I am looking to emancipate an 18 and 20 year old who register and repeatedly fail all (or most) of their classes in HS and Community College. I don't understand the "moved beyond the sphere of influence" of their parents rule. What does that really mean? Obviously they don't not listen to me when it comes to working hard or attending school. They repeatedly tell me off. Their Mother just wants to keep collecting the child support and doesn't care what they do. She has had several DWIs since the divorce and lives a very adolescent life herself.

Attorney answers (2)

  1. Mark S Guralnick

    Contributor Level 14

    Answered . Beyond the sphere of influence is a term that comes one of the precedents on emancipation. It refers to when your kids start making decisions on their own and exercizing their own independent judgment. Based on your facts, I think you have a good case and your kids should be declared emancipated. Feek free to call me and I'll help you with this. Mark S. Guralnick, certified family law attorney. (201) 804-9000 or (973) 682-9999.

  2. Aniello David Cerreto

    Contributor Level 14

    Answered . Dear Montclair,

    It means beyond their parents influence such that they should truly presently be considered independent. You need to procure their transcripts. If they legally are not emancipated and there is joint legal custody then under the NJ statute you as their parent are legally entitled to their transcript records. If the records support what you allege, and if they are not legally disabled, you have a strong emancipation case. If you would like professional assistance, please contact me.

    Aniello D. Cerreto, Esq.

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