Family Law Questions? Ask a Family Lawyer Online.
Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, oftentimes there are future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...
The law does not stipulate at what age a child can be left home alone - which is problematic because you can get in grave trouble on someone else's discretion (ie. DYFS). Mainly because age is only one factor to consider when leaving a child alone at home. However, I think you are 100% correct and your ex is unwisely willing to take risks that could both impact your 13 years old if something bad happens (she will be traumatized if all doesn't turn out well) and could subject him (and/or you) to criminal prosecution, child neglect and/or endangerment, etc. if the authorities were to find out - this is especially risk given the fact that one of the child not being cared for with adult supervision is autistic with special needs. Imagine the problems if DYFS is called!
In addition to age, other factors include,
DO keep in mind that a parent is responsible for the child's safety and security until legal age, so if something happens while parents are not home, they can be charged with a multitude of crimes depending on the circumstances.
For an interesting NJ case from a couple of weeks agi, where the oldest child was 11, click here.
Let me know if you have any other questions.
I hope you have found this information informative and/or helpful. If so, please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and I receive credit for same from the company. Your promptness is greatly appreciated. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you need additional related follow up on this particular question afterwards, don't hesitate. And if you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of post. Thanks!
Please note: A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back, so never fear.
Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may or may no pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. The only method of gaining an attorney/client relationship with me is via a retainer and fee agreement at my standard billable hour rate of $275.00, which is not offered via this site. I am providing only research, resources, opinion and information for you to be informed and educated about your particular needs and my answer is limited to the facts presented with the understanding that you will do your proper due diligence and appropriate follow up. I do not provide general or specific legal advice on this site. I also do not claim to be licensed to practice in the state where this information is being provided or state whose law would apply, if any. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you and have a great day.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).