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Monday, November 25, 2013

Emancipation of a Child in New Jersey by a Parent or Guardian

In New Jersey, there is no set age at which a minor child becomes emancipated. Emancipation is defined as the time a child moves out of the sphere of influence of the parents. For legal purposes, this means that the child does not live with the parents, is not financially dependent on the parents, and the parents are not obligated to pay child support on the child’s behalf. Children officially become emancipated only when the court declares them so.

Emancipation is a fact-sensitive issue, and is either applied according to law, or according to the terms set forth in a marital agreement. If it is not specifically defined within one’s marital settlement agreement, the court shall consider each situation to be unique. Your attorney is your best source of information on your specific case. Here are some general points regarding emancipation in New Jersey:

In some states, children may be automatically emancipated by law at the age of 18 — in New Jersey this is not the case.

Children may become emancipated when they become pregnant or have a baby.
Emancipation may be delayed when a child is enrolled in full-time college or university studies.
An emancipated minor is not a factor for parents applying for financial aid for the child’s siblings.
Emancipation may be granted when a child gets married.
Entering the military may cause emancipation.
Living independently might lead a court to declare emancipation, depending on the child's level of autonomy.
The court has equal power to un-emancipate an emancipated minor if there is evidence that the child is not financially independent.

If a child petitions the court to be emancipated, that debt is still valid.

Emancipation of a child by a parent or guardian is a complex legal issue. Speak to a family law attorney to clarify your rights and the rights of your children. Call the Oradell, New Jersey offices of Murano & Roth, LLC at 201.265.3400 or contact us online for your free consultation.

This blog posting and the information on our website is for general information purposes only. Nothing within it, within any responses, comments, emails, answers, blogs or attachments, should be considered legal advice. Our website and our blogs, including this blog, does not form any attorney client relationship, and this office does not represent you in any way. Keep in mind that since only very general information is provided on our website and within our blogs, you cannot rely upon any of the information as legal advice, as it might not apply to, or be accurate relative to your specific situation and facts.

By Jason D. Roth





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