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.

In New York state, a parent must support their child until the child is 21 years of age or becomes emancipated.

A minor must be at least 16 years of age to be emancipated.

A child who makes a great deal of income, such as a popular entertainer, may want to protect that income from their parents. In addition to having control of their income, an emancipated child can enter into contracts and leases, file lawsuits, make their own medical decisions and make decisions for themselves such as where they go to school.

No, you no longer have to pay child support after your child is emancipated. All duties of support end.

New York does not have a minor emancipation statute, so the only way to become emancipated is to file a motion in conjunction with another case already in court such as a custody or a child support action. Talk with your family lawyer about how to become emancipated in the state of New York.

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.

Yes, if circumstances change, it is possible for emancipation to be reversed. For example, a minor could be discharged from the military before the age of 21, get divorced, no longer be able to support themselves or return home and submit to parental control after running away.

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.