Bronx Emancipation of Minors
In the state of New York, including, of course, the Bronx, parents must support their children until they are 21 years old. This means parents must provide food, clothing and shelter. But sometimes, a minor has reasons to give up that parental cushion in exchange for freedom, and under certain circumstances, a court will declare the minor to be emancipated. If you would like to be legally emancipated, or if you are a parent opposing such emancipation, you should immediately contact a Bronx emancipation of minors lawyer to advise you both of the possibilities of emancipation and its legal and financial ramifications.Emancipation of a Minor under New York Law
A minor cannot just wake up one day in the Bronx and decide to sue for emancipation no matter how good their lawyer is. In order to bring the issue of emancipation before a court, it must be as part of some other kind of case. This could possibly be a child custody case or perhaps a contracts case involving a child entertainer who makes a great deal of money. The judge may consider various factors, but a constant is that only minors over the age of 16 are eligible for emancipation.
Here are some of the circumstances under which a minor may become emancipated. Consult your Bronx attorney experienced in emancipation of minors for more information.
- 1. Gets married: This one is a little tricky. If a minor gets married without parental approval, a court can declare them to be emancipated. However, if they received parental permission, that would show they are still under parental control, and they cannot be declared emancipated. Note that it is not even possible for a minor under the age of 18 to get married without their parents’ permission, because the state of New York will not allow it.
- 2. Holds a job and is self-sufficient: Some children make more money than their parents. This may particularly be true in the entertainment industry. But minors need not be rich and famous to be declared emancipated. If they hold a job that enables them to support themselves, that’s enough.
- 3. Joins the military: When a minor between the ages of 16 and 21 joins the military, a court can declare them to be emancipated.
- 4. Not under parental control: If a minor will not listen to their parents, will not follow their guidance and does not live with their parents, a court is likely to declare them to be emancipated if the issue is brought before it. For all intents and purposes, the minor has already left home and is living their own life, so it makes sense for a court to give them control of matters such as their finances and health care. Of course, it’s not enough for a minor to simply live away from home their home in the Bronx to be considered emancipated. If they are on a parentally-sanctioned study tour of Europe or in a boarding school, they are still within their parents’ control, and a court will not declare them to be emancipated. But if they left home and refuse to return, a court may very well declare them to be emancipated, particularly if they are supporting themselves.
The primary impact on the minor is that they no longer can look to their parents as a source of assured support, but in exchange, they gain control. For example, the minor can
- Sign contracts
- Determine their own health care
- Decide what schools to attend
- Enjoy complete control of their own income. This is very important, because if a child is making a great deal of money, emancipation enables them to protect it from their parents.
- Be a party to a lawsuit
- Rent their own place to live
The effects of emancipation on the parents is that
- They need no longer support the minor.
- They need no longer pay child support if they were doing so.
- They are no longer legally responsible for the minor’s actions.
It may surprise some to know that emancipation can be reversed. Once it is reversed, parents have all the support obligations they did before, and the minor loses control of key decisions, such as those about their income and health care. If a situation changed, such that the minor returns to the control of their parents, your Bronx attorney for your emancipation of minors case can ask the court to declare the minor to be unemancipated. If someone was emancipated because they were in the armed services, if they are discharged before the age of 21, a court could declare them to be unemancipated. If a run-away minor returns to their family’s home and follows their parents’ directions for the most part, a court may find them to be unemancipated. The same holds true for a minor who married without permission, but gets divorced.Bronx Emancipation of Minors Lawyer
Whether or not a court will find a minor to be emancipated can be a grey area. If you are a minor seeking emancipation or a parent opposing it, you would be wise to consult with an attorney who specializes in emancipation of minors and practices in the Bronx. The attorney at Stephen Bilkis and Associates have years of experience successfully representing clients on matters related to child support, child custody, as well as other family law matters. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.