New York Emancipation of Minor Frequently Asked Questions

Emancipation is by court order. When a child is emancipated, duties of parental support end. The child

• No longer lives with the parent
• Is self-sufficient
• Is no longer under parental control

Parents are required to support their children until the children reach the age of majority. The age of majority varies from state to state, ranging from 18-21 years of age. Once they reach the age of majority, the law deems them “emancipated.” This means that the parent no longer must support the child and the child assumes many of the rights and responsibilities of an adult. Minors seek emancipation for a variety of reasons. In some instances this occurs because the child is already financially self-sufficient. In other cases a child can be declared emancipation by a court based on the child getting married or based on other circumstances.

A. Some of the grounds for emancipation as long as the minor is over the age of 16 include

• Military service: A minor joins the military.
• Self-supporting. A minor has a full-time job and supports themselves.
• Marriage. If a child marries before turning 21 without the permission of their parents, a court will usually find them to be emancipated unless they received parental permission to marry, which would show they are still being guided by their parents. A minor under the age of 18 must have permission to marry under New York law, which means nobody under the age of 18 can be emancipated due to marriage.
• Outside of parent’s control. A minor who does not live with their parents or submit to their guidance. If a minor goes away to a school of which the parent approves, they are still under parental guidance versus running away from home.

While an emancipated minor is legally considered an adult, there are still restrictions on what an emancipated minor can do. While the rules vary from state to state, typically an emancipated minor can enter into legally binding contracts, sue or be sued, enroll in the school of their choice, make healthcare decisions, execute a will, and apply for a work permit and keep the earnings. An emancipated minor cannot legally buy or drink alcohol, vote or get a driver’s license before the legal age of doing so, or quit school.

There are many reasons that minors seek emancipation. Some are financially independent, others have been kicked out of their parents’ home, and still others are living in unhealthy environments. While state laws vary, most provide three ways to get emancipated: by marriage, by entering the military, and by court order. A few states allow emancipation by consent of parents without requiring permission from the court.