Custody and Other Issues Related to Emancipation of Minors

I have previously written about emancipation of minors for child support purposes, both under the terms of New York’s Child Support Standards’ Act, as well as under the principles of constructive emancipation and abandonment.  At the same time, the question of when a child becomes emancipated for the purposes of custody is quite common and involves different legal issues.

Unlike a number of other states, New York law does not include a procedure for formally emancipating a minor. There is some case law that describes certain situations when a minor would be considered to be emancipated for custody purposes.

The legal age of majority for custody and visitation in New York State is 18.  However, the courts may consider a minor emancipated if he or she is at least 16 years old, is living separate and apart from the parents, is not relying on his or her parents for living expenses such as rent, car expenses, insurance, food, etc., is able to manage his or her financial affairs, must not be in need of or receipt of foster care, the child must be living beyond the custody and control of his or her parents.   As far as child custody or visitation provisions contained in New York law, once the child is sixteen years old or older, the child’s preferences and desires with respect to the terms of the visitation will be given considerable weight.

If a child has a child of her own, that may result in emancipation for child support purposes.  A teen mother does not automatically become emancipated, except for limited issues such as medical care for self and the child, whether and where to attend school and receiving public assistance (if the criteria are met.)

As far as marriage is concerned, an emancipated child under the age of 18 would still needs parents’ permission.  Additionally, since the contracts that persons under the age of 18 enter into are voidable, the child may not be able to rent an apartment without an adult being a cosigner or cotenant; will need to obtain a work permit in order to have a job, which may also require parents permission; may not vote or bring a lawsuit.

However, once emancipated, the child may receive public assistance, attend school, receive medical care without their parents consent and can live independently.  Also, while an emancipated child’s custodial parent may no longer be entitled to receive child support, an eighteen year old may actually sue the non-custodial parent for child support his or herself.

If a child is arrested before the age of seventeen and is charged in Family Court, the parent is required to appear with that child, or be subject to abuse/neglect proceedings.  Although having their case brought in Supreme Court does not relinquish that obligation, the teen is routinely charged as an adult and thus may not result in any legal proceeding being brought against the parents.  If parents force the child  out of the home before the age of seventeen, this may also result in an abuse/neglect proceeding against the parents.  The courts consider it to be the parents responsibility to bring a PINS (person in need of supervision) petition in Family Court if the child is being unruly or disobedient at home or not going to school. The same is true for the child who needs the parents’ consent or attention for some medical or psychiatric problems. If the parents fail to consent or obtain necessary assistance, their inaction may also result in an abuse/neglect case being brought against them.

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