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.
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 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…