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Emancipation of Children

What is emancipation?

When a child is emancipated, the child’s parents have no further duty to support the child. In addition, parents have no right to control an emancipated child’s behavior or make certain decisions for the child.

When is a child emancipated?

(1) Age. A child is automatically emancipated when he or she reaches the age of majority. The age of majority in most states is 18.

* Note: In some states, a child who attends high school is not emancipated until he or she graduates from high school or turns a certain age (usually 19 or 20).

(2) Marriage. In most cases, a minor child is emancipated when he or she gets married.

* Note: An unmarried minor child who becomes pregnant or has a child is not emancipated.

(3) Armed Forces. In most cases, a minor child is emancipated when he or she joins the armed forces.

(4) Self-emancipation. A minor child may be declared self-emancipated by a court if the child has left the parents’ home and become self-sufficient. A child is never automatically self-emancipated. A child must obtain a court order before he or she is self-emancipated.

Copyright 2011 LexisNexis, a division of Reed Elsevier Inc.

Randy  S.  Margulis Attorney Photo
Randy S. Margulis
Member

As a Buffalo divorce lawyer for 28 years, I have devoted myself to solving the problems that affect families throughout the Buffalo metropolitan area and Western New York. As a family law attorney, I make it my goal to create a partnership of trust with my clients. People put their trust in me to handle cases that can potentially have a long-lasting impact on not only their lives, but the lives of their family as well.

Alexandra M. Rockwood Attorney Photo
Alexandra M. Rockwood
Senior Associate

Alexandra M. Rockwood is a Senior Associate Attorney with the Law Offices of Randy S. Margulis & Associates and has been with the firm since early 2020. She primarily practices in the areas of matrimonial and family law, including divorce, child custody, and child support. Alexandra is a practicing matrimonial and family law attorney as…

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    Divorce is always an unpleasant event and my case was no exception, yet the guidance, professionalism and ethical strategy that Randy Margulis provided was essential in finding the best solutions for my children, my ex-wife and myself. As the proces...

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    Divorce is always an unpleasant event and my case was no exception, yet the guidance, professionalism and ethical strategy that Randy Margulis provided was essential in finding the best solutions for my children, my ex-wife and myself. As the proces...

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    Found Mr. Margulis to be a very organized and professional individual to work with. He is well-respected by his peers and is spoken of highly, I believe this helped with my divorce and made things go smoothly. I would highly recommend his services ...

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    Randy is very firm and effective in court while empathetic to his clients. I am a domestic violence victim, and Randy made me feel safe and protected. My financial award was more than I envisioned it to be when I started my divorce. I can't thank ...

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