My question involves guardianship in the State of: New Jersey.
17 yr old turning 18 (Adam) this year wants to know if he has rights to keep his brother who is turning 9 this year (Isaiah) in this country and become his Guardian or have his grandmother become their Guardian to that he can keep both of them away from his father who has been neglecting them since their mom died in September 2010. He also wants to know if the $275K they both received from their momís insurance is theirs or is it their fatherís to do as he pleases.
Adam's father has been leaving him and his little brother alone for extended periods of time during the day and for several weeks at a time. When Adamís dad is in the states, heís not working, drinks and drives with his children inside, heís with multiple women and has brought them to the house, heís away from the house 12-16 hrs a day spending the money he received from his late wife ($175K); he doesnít care what the kids are doing in the house, if they did their homework, if they need anything, etc.. He assumes friends and relatives of this children will step in and take care of them. He doesnít care for them, is not around for them and has been leaving to Peru without them knowing when and if heíll be back. At one point he took the little brother with him to Peru and whilst there, his family reported to Adam that Isaiah was left with people he didnít know and was physically abused. Isaiahís home is with his brother and late motherís relatives and not in Peru with this man who doesnít even care about him.
This man has a woman in Peru that had 2 children while he was married to Adam's mom. Those 2 kids are Isiaiah's age. Adam wants to take action. Their grandparents are willing to step in and take custody immediately. He has aunts that want to take custody as well who live in stable family environment who are there for them and care about them both very much.
Can you tell us what their rights are? Can Isaiah be emancipated from his father and go live with his grandparents together with his brother? Does the young man have rights to the money his mom left him and his brother. If the father leaves, what happens to the house they ownÖ The house is a 2 family house which heís not been taking care of and making repairs. And, heís been also renting apartments illegally. It was just discovered not too long ago. The town knows and heís under investigation for that I believe.
Adam has been told by his father that he's going to abandon him when he turns 18 yrs of age and leave with Isiaiah. Adam's father is for sure going to be leaving agian as he has been every other month to go to Peru and they don't know when he'll be coming back. When he's done this in the past he's never come back when he says he will and kids have felt abandandone because he's not there for them and doesn't care for them as a father would.