New Jersey parents have a legal obligation to provide for the basic needs of their minor child, including food, clothing, housing, medical care, and education. In most states, when a child reaches the age of 18, that child is an adult in the eyes of the law, and the parents are no longer legally bound to provide for those basic needs. New Jersey is not one of those states.  Here, a child is presumed to be emancipated at age 19 or upon high school graduation, whichever is later as between those two.  Emancipation may be delayed during a child’s college attendance, but by age 23, unless the parents create a contract stating otherwise, every New Jersey child is deemed emancipated and on their own, physically and financially.

But what happens if a minor child wants to be deemed legally and financially independent of his or her parents prior to age 18? He or she must pursue emancipation through court petition.

A minor child may want to be emancipated, to accomplish the following:

• Make their own healthcare decisions, including those related to abortion or birth control. Becoming pregnant or giving birth does not, by itself, equal emancipation.
• Enroll in college for and by themselves. A college student might choose to emancipate to receive a better financial aid package.
• Purchase property, buy investments, apply for a work permit, and keep their own wages.

There also are times when parents may seek to emancipate their children who, by the children’s own actions, are no longer within the parents’ financial control or sphere of influence.  The children may be living on their own, with independent sources of money.  They may have drug or alcohol dependency issues or be acting out in a number of ways, and parental influence may mean nothing to them at all.  In such cases, the parents may wish to draw a line of demarcation, so it is crystal clear to the children’s creditors and society generally that the parents are not responsible for the acts of their children.  It is a sad and disappointing day when that happens, yet it could be quite necessary and even healthy for the parents and children to do it.

Emancipation does not mean that children under the age of 18 are allowed to buy alcohol or vote. These activities are regulated based on age, unrelated to emancipation.

A minor child also may become emancipated by getting married or joining the military.

The trial court’s decision to emancipate a minor child is very fact specific. Parents may have their own reasons for wanting to either encourage or block a child’s emancipation, particularly if the parents disagree with the child’s determined path, or with one another if they are divorced. In some cases, the trial court may override the desires of the parents by issuing an order to emancipate, as long as the judge views the child’s petition as reasonable.  In other cases, the trial court may override the desires of a child by refusing to emancipate him or her, finding that the child remains within the sphere of parental influence.

Parents and children should attempt to work through these issues, whether in counseling, family therapy, and or mediation.  It is better if all of them come to an agreement without involving the legal system. However, if either parent or a child wants to pursue legal emancipation of a minor, it is a good idea to seek legal counsel. A family law attorney at Hanan M. Isaacs, P.C., is available to talk with you about your case. Call our Central New Jersey law offices at 609-683-7400 or contact us online to set up a reduced fee initial consultation.  We will listen to the facts, advise you of the law, and recommend the best course of action for you. Call now.