Hackensack Emancipation Attorneys
Support, Custody, & Divorce in Bergen County
Emancipation is the point at which a child is no longer under the control of the parent. The implication of a declaration of emancipation is that neither parent has an obligation to financially support an emancipated child. For this reason, the emancipation of a child is often a hotly contested matter.
When Is a Child Emancipated?
In New Jersey, while there is a presumption that a child is emancipated upon reaching the age of 18, that presumption is so easily and regularly rebutted that it currently stands as an exception, and not the rule. In practice, the presumption is regularly rebutted when a child enrolls in and attends college on a full time basis, provided the child is getting reasonable good grades and is not working full time.
In situations where a child’s non-emancipation is prolonged by his or her attendance at college, emancipation will normally occur when the child graduates (and some court’s will give a short grace period for the child to secure employment). However, it is not unheard of—especially in cases where the child exhibits an aptitude—for emancipation to be further prolonged while the child attends graduate school, such as law school, or medical school.
The inquiry, established by case law, falls upon the following question: has the child fallen outside the sphere of control of his or her parents. If a child is working full time, not living at home, in the military, or married, that child is outside the sphere of control of his parents, and the child will normally be declared emancipated.
At Laterra & Hodge, LLC, our Hackensack child support lawyers can educate you on the issues and sub-issues concerning the emancipation of your child, and what this means to your case. Discuss your situation during a free initial consultation.