Emancipation is a legal process that severs the legal authority a parent has over their child. Generally, individuals are considered adults at 18 years old and are free to do what they want. However, children under 18 can be emancipated for various reasons. Emancipation allows minor children to gain independence from their parents or guardians before turning 18 and can have significant implications in a variety of ways. If you need help regarding the emancipation of a minor child speak with a Sparta, NJ children & parenting issues attorney for skilled advice and representation.
When is a Child Legally Emancipated in NJ?
In New Jersey, when a child turns 18 years old they are considered emancipated and can make their own legal decisions, live alone, manage their own money, etc. Emancipation at 18 is a legal presumption and is standard for most families. However, certain circumstances may call for earlier or later emancipation.
Can a Child Get Emancipated Early?
Children can be emancipated before turning 18 under certain circumstances. Some situations result in automatic emancipation. For example, if a minor gets legally married they are immediately considered emancipated. Marriage is a significant life event and gives minors the status of a legal adult in many aspects of their life. It is important to note that the minimum age an individual can be legally married is 18. Minors will need parental permission to get married before becoming a legal adult.
Joining the military will also result in automatic emancipation. Individuals may need consent from parents or guardians depending on what they are enrolling in but generally, minors who enlist in the military are considered legal adults. The serious nature of their commitment and new responsibilities allows them to be considered emancipated.
Minor children can also get emancipated through a court. The child can petition the court for judicial emancipation and demonstrate the reasons why they should be permitted to live on their own and obtain legal adult status. A court will consider various factors when deciding whether or not to grant emancipation, including the following.
The minor must prove that they are financially independent and can support themselves without relying on their parents or guardians for financial assistance. They can provide evidence like proof of employment, pay stubs, and proof that they have and can manage their finances.
The minor must also prove that they have stable and independent living arrangements. They must have a suitable place to live that is separate from their parents or guardians and that they can afford on their own.
It will have to be evident that the minor is mature enough to make adult decisions, manage their affairs, and act responsibly.
Education is also considered. The minor must show that they are enrolled in high school or have their diploma or GED already
After evaluating the evidence presented a judge will determine whether or not to grant the individual emancipation. If you need help with an emancipation issue work with an experienced family lawyer for more information.
