When is a Child Legally Emancipated in New York?

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Parents and guardians have certain rights and responsibilities regarding their children. While under their care, they must financially support them and provide them with an education, home, food, and more. Every state has its own laws regarding when a child is considered legally emancipated. It is important for both minor children and parents to be aware of their rights, responsibilities, and the implications of early emancipation. A Suffolk County family law attorney can offer skilled legal advice and representation during your emancipation case. Reach out to a lawyer for more information.

What is Emancipation?

Emancipation is the process of a child becoming independent and being granted legal status as an adult. Once a person is emancipated they are legally responsible for their own decisions and finances. They can enter into contracts, apply for credit, make medical decisions, and financially support themselves without permission or help from a parent or guardian.

When is a Child Considered Emancipated in New York?

In New York, a person is automatically considered emancipated when they reach 21 years of age. This is older than most states which consider 18-year-olds emancipated. Parents or guardians must provide their children with financial support until they turn 21, though they do have more adult rights when they reach 18.

Can a Child Get Emancipated Early?

Unlike most states, New York does not have an official emancipation process for minor children. However, children as young as 16 can become technically emancipated in a few different ways.

  • Ancillary: While the state of New York does not issue emancipation orders, a child can be deemed emancipated as part of another situation or case. Emancipation can be ancillary to another proceeding.
  • Marriage: In 2021 a bill was passed in New York stating that no individual can get married under the age of 18 even with parental consent. However, if an unemancipated child 18 to 20 decides to get married, doing so will make them legally emancipated.
  • Employment: If a minor child is 16 or older they can get emancipated by having a full-time job and financially supporting themselves. This may include paying for a car, phone, education, rent, etc.
  • Military: A child can also be considered emancipated if they join the military. Enlisting in any branch of the military means that the child is granted legal adult status.
  • Withdrawal from parental control: A child can be deemed emancipated in the sense that their parents or guardians are no longer responsible for financially supporting them if they abandon the parental home and refuse to abide by reasonable parental rules. Even if the child is not self sufficient they may be deemed emancipated for leaving without a valid reason.

The legal system regarding parental and familial rights and rules can be complex. Speak with a family lawyer for more information about emancipated minors and their options.

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