SUMMIT NEW JERSEY UNION COUNTY DIVORCE ATTORNEY CHILD EMANCIPATION

The father was entitled to have the parties' son declared emancipated. The son accumulated only 9 credits his first semester of college, 3 credits in the spring semester, and did not reenroll for his sophomore year. Finding a prima facie case for emancipation on the papers, the New Jersey divorce judge opined it was up to the mother to rebut the prima facie showing, and she failed to do so. Except for the son's "bald certification" that his father's "lunatic" behavior caused him not to be able to concentrate, she did not submit any evidence, such as transcripts or proof of enrollment elsewhere. The judge also noted she failed to comply with a prior order requiring her to provide the father with all of the son's educational records. There was no need to hold a Newburgh hearing.    Clayton v. Deter, etc., New Jersey App. Div., June 15, 2007