Teaneck Child Emancipation Lawyer
A child may seek emancipation from their parents. Parents who pay child support may also seek emancipation of a child to terminate their child support obligations.
In certain situations, it may be in a child’s best interest to legally separate from their parents. New Jersey outlines specific situations that may provide grounds to pursue emancipation from their family, such as difficult home life, moving out of their parent’s home, or starting a family. Seeking this independence can be highly emotionally and legally complex, especially in New Jersey, making it vital to obtain the legal guidance of a local child custody attorney.
Likewise, the Court’s determination whether to emancipate a child to terminate a parent’s child support obligation is “fact sensitive.” This means that the parent must clearly outline facts for the Court to consider that support their request to emancipate a child. Failure to adequately do so without the assistance of a skilled attorney may result in the Court denying the request.
If you are a child exploring the option of emancipation from your parents or a parent seeking to emancipate a child, you should contact a Teaneck child emancipation lawyer to discuss your legal options. Call us at Moskowitz Law Group today to get started.
What is Child Emancipation?
In terms of a child filing to emancipate themselves, child emancipation is the legalized independence of an eligible minor before reaching the age of majority, which in most states is 18. If the court has deemed a child emancipated, they become legally responsible for themselves, and their parents are no longer required to provide for the child.
In terms of a parent filing to emancipate a child, child emancipation means that a child will be found to have moved beyond both parents’ influence and have become self-sufficient or have achieved a level of independence where they should become self-sufficient. This usually occurs upon or sometimes after the child turns 18 and attains the age of majority.
The parameters in place for emancipation in New Jersey are uniquely complex compared to other states. It is important to note that attaining the age of 18 does not automatically result in emancipation. Instead, the general rule is that a child becomes emancipated upon post-secondary education completion or at the maximum age of 23 years. Alternatively, several circumstances may provide grounds for emancipation before the statutory default applies. For example, a child may seek legal emancipation upon graduating from high school at age 18, but only if that child does not pursue post-secondary education. A parent seeking emancipation of a child may do the same.
Due to the complexity of child emancipation in Teaneck, obtaining the guidance of a family law attorney could be vital in fully understanding your legal options.
Eligible Grounds for Pursuing Emancipation
Various circumstances could raise emancipation eligibility in New Jersey. Oftentimes, emancipation is sought by a parent who no longer wishes to provide child support for their eligible child because they believe the child has become independence. Additionally, if the child gets married, joins the military, or starts working full-time, those circumstances could also be grounds for pursuing emancipation.
Other events that could lead to emancipation are if the child moves out of their parent’s home, if they have a child/start a family, or if they have graduated from college or secondary education. If a child passes away, they are considered emancipated.
It is important to note that while these are general examples of emancipation eligibility, the court has the discretion to review the specific facts and circumstances of each individual case and make final decisions. A child emancipation attorney in Teaneck can assess a situation and determine if someone is eligible to pursue emancipation.
What Does the Court Consider when Granting Emancipation?
When analyzing an emancipation case, the court will first assess the child’s age and the facts of their current circumstances. In addition to the emancipating events discussed previously, the court will determine any untraditional or extenuating circumstances the child faces. This could include if the child has any mental or physical disabilities that prevent them from being able to provide for themselves or attend school.
Additionally, if a child has a substance abuse problem or suffers from mental illness and is seeking treatment that prevents them from attending school or working, the court will consider extenuating circumstances. As a child emancipation lawyer in Teaneck can explain, courts always act in the child’s best interest. This means that emancipation may be granted or rejected based on the unique circumstances of someone’s situation, whether the filing party is a child or parent. The standard that the court must apply is whether the child has moved beyond the sphere of influence and responsibility exercised by a parent and obtained an independent status of their own. A skilled Teaneck child emancipation attorney can ensure that a party presents their case to the court in a way that maximizes their chances of the court deciding to emancipate a child.
Talk To a Teaneck Child Emancipation Attorney Today
Emancipation cases can be very complicated for everyone involved. However, you do not have to face this matter alone. A Teaneck child emancipation lawyer can guide you through this uniquely complex legal process. Contact Moskowitz Law Group today to set up your free case evaluation.