When Does Your Job as Parent End? New Jersey Teen Suing for Parents to Pay College Tuition

Sean Canning said that a DCP&P representative visited his home for about three hours last fall, found nothing amiss, determined that Rachel was “spoiled” and discontinued the investigation. He said that he and his wife are beside themselves that discord with their daughter has reached this level.

Attorney Laurie Rush-Masuret, who represents the parents, said in court papers that Rachel emancipated herself and removed herself from her parent’s “sphere of influence” by voluntarily moving out of their house “as she did not want to abide by her parents’ rules….”

Rush-Masuret and Sean Canning said that Rachel was seeing a therapist long before moving out and is supposed to take medication. The parents contend she had disciplinary problems at school last term, was suspended twice, ignored her curfew at home and bullied her younger sister.

The mere fact that a child has turned 18 is not an automatic reason to stop financial support, according to Helfand and several longtime family attorneys in Morris County. A key court decision in the state specifies that, “A child’s admittance and attendance at college will overcome the rebuttable presumption that a child may be emancipated at age 18.”

Prominent family-law attorneys Sheldon Simon and William Laufer both called the lawsuit highly unusual and Laufer said he has seen nothing like it in 40 years of practice.

“A child is not emancipated until they’re on their own,” Simon said. “Even if a child and the parents don’t get along, that doesn’t relieve the parents of their responsibility.” Laufer noted that under New Jersey law, a child can still be declared nonemancipated even if there is a hiatus between high school graduation and college.