Ort v. Ort

52 A.3d 1072, 428 N.J. Super. 290, 2012 N.J. Super. LEXIS 143
CourtNew Jersey Superior Court Appellate Division
DecidedMay 3, 2012
StatusPublished
Cited by3 cases

This text of 52 A.3d 1072 (Ort v. Ort) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ort v. Ort, 52 A.3d 1072, 428 N.J. Super. 290, 2012 N.J. Super. LEXIS 143 (N.J. Ct. App. 2012).

Opinion

L.R. JONES, J.S.C.

Once a child of divorced parents turns eighteen years old, it is very common for the non-custodial parent to immediately attempt to emancipate the child and terminate child support. This case, however, presents a completely opposite issue: What happens when a child who turns eighteen seeks her own emancipation over parental objection, i.e., when a parent asserts that emancipation is premature or otherwise inappropriate because the child is allegedly still within the sphere of parental influence?

[292]*292FACTUAL BACKGROUND

Plaintiff and defendant are divorced, and have been in litigation against each other for many years. Their daughter, Sharon, was born in 1994, and has just recently turned eighteen. Sharon presently lives with plaintiff, and is concluding high school. Following graduation, she plans to attend college in the fall of 2012 and aspires to ultimately enroll in medical school and become a physician. She is a student of high academic achievement.

Sharon enters this case as a party in interest seeking a formal order of emancipation from both of her parents. In making this application, she is represented by her own lawyer, who is not counsel for either her mother or father.1 Sharon asserts that she wishes to be emancipated from her parents so that she can legally be her own person and make her own independent decisions in life. While she apparently has a positive relationship with plaintiff, Sharon alleges that defendant is using his status as “joint legal custodian” to improperly obstruct and overrule her wishes relative to where she will attend college following high school graduation. Defendant denies this assertion.

Sharon expresses an understanding that if the court grants her application for emancipation, neither of her parents will be legally obligated to contribute to her college education costs on a compulsory basis as might otherwise be the case under Newburgh v. Arrigo, 88 N.J. 529, 443 A.2d 1031 (1982). Newburgh authorizes courts in certain circumstances to compel parents to contribute to an unemancipated child’s college costs even after the child has turned eighteen. Id. at 543, 443 A.2d 1031.

Plaintiff, as Sharon’s present residential custodian, represents that she supports her daughter’s desire for independence. Defendant, however, objects to his daughter’s request, and argues strenuously against Sharon’s emancipation. In essence, defen[293]*293dant’s position is that Sharon is too young and inexperienced to be taking such a step, and the court should not emancipate her because she is not outside the sphere of parental influence.

There are no known reported New Jersey opinions presented by any party that directly address the issue of an eighteen-year-old child’s request for emancipation over parental objection. The court has located one case that deals with somewhat related subject matter, i.e., judicial exercise of parens patriae jurisdiction over a non-disabled “child” over eighteen years of age. In Quinn v. Johnson, 247 N.J.Super. 572, 589 A.2d 1077 (Ch.Div.1990), the trial court held that it did not automatically lose parens patriae jurisdiction over a child of divorced parties merely because the child turned eighteen. The Quinn court further found an ability to potentially render orders relative to the best interests of the child, with particular reference to the plaintiff-mother’s request for an order prohibiting the child from residing with his older sister instead of with a parent. Id. at 580-81, 589 A.2d 1077.

Quinn is not a Supreme Court or Appellate Division opinion, and therefore, is not binding upon trial courts. More significantly, this court finds the logic and reasoning of Quinn to be inapplicable in the case at bar. Unlike Sharon in the present case, the eighteen-year-old “child” in Quinn was not in any fashion seeking a court order for his own emancipation or financial independence from his parents. To the contrary, the Quinn court expressly noted that parental monies, specifically those of the child’s father, were funding one hundred percent of the child’s college costs. Id. at 575, 589 A.2d 1077.

A close reading of Quinn further reveals that even in that case, the court did not enter a custody order over the child’s objection. The issue of emancipation was simply not before the Quinn court at that time. Rather, the court only ordered that in exercising parens patriae jurisdiction, a plenary hearing would be scheduled for further inquiry on the appropriateness of the unemancipated eighteen year old’s choice of residence with his sister. Id. at 581, 589 A.2d 1077. Further the court expressly acknowledged “an [294]*294unusual degree of anxiety and concern in its decision” to schedule the hearing, Id. at 580, 589 A.2d 1077, and concluded “not without substantial pause” that the mere attainment of the age of eighteen did not deprive the court of jurisdiction for inquiry. Ibid.

In the present case, the court does not find that Quinn in any way prohibits Sharon from applying for an order for her own emancipation over parental objection. The court further notes that in considering Sharon’s application for emancipation, this court did in fact schedule and conduct a hearing where Sharon testified in person as to her independent desire for emancipation.

At the hearing, counsel for each of Sharon’s parents had the opportunity to question. Sharon about the voluntariness and knowing nature of her request for emancipation. During the proceeding, the court considered and evaluated the credibility of Sharon’s testimony relative to the voluntariness of her decision, including her overall demeanor and presentation. At all times, Sharon presented as a mature, articulate, intelligent, self-composed, and confident adult, who was very focused and thoughtful in her desire for independence and her contemplated path in life. There was absolutely no credible evidence presented by either party that Sharon was incompetent or too immature to understand the nature of her request or any part of the legal proceedings. As noted, she was represented by her own independent counsel during the entire proceedings.

Defendant supplied no persuasive evidence to the court in support of the proposition that Sharon is incapable of making decisions for herself. As noted, she is an honors student and there was no proof submitted of any developmental disability or disorder that might possibly compromise her ability to independently govern her own affairs. Nor was any evidence produced or even suggested of any history of juvenile delinquency, truancy, or other anti-social behavior, which might give the court concern as to Sharon’s intelligence and ability to make important decisions for herself.

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Bluebook (online)
52 A.3d 1072, 428 N.J. Super. 290, 2012 N.J. Super. LEXIS 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ort-v-ort-njsuperctappdiv-2012.