Emancipation refers to a process where a person under the age of 18 obtains legal decision-making autonomy independent of their parent or guardian. They are able to exercise complete authority over life choices that might otherwise require the consent of an adult, such as medical care or financial decisions.
Emancipation in New Jersey
New Jersey family law does not apply standard guidelines for emancipation, and thus there is no objective legal definition. Instead, the court system considers specific circumstances surrounding the child’s request for emancipation.
It should be noted that emancipation is often treated as an extreme alternative to other forms of non-parental legal guardianship. The court will conduct a thorough examination of a child’s ability to live successfully without the supervision of an adult that could act as a decision-maker on their behalf.
Depending on the minor’s capability of supporting themselves, the court may determine whether emancipation is an appropriate decision. The minor requesting emancipation may have to participate in examinations to evaluate factors like the young person’s financial, physical, medical, psychological, and cognitive fitness to live independently.
In the Garden State, a minor could be eligible for emancipation if they meet some or all of the following criteria:
The Minor is a Current or Expecting Parent
The minor seeking emancipation may qualify if they are a parent themselves or are pregnant and expecting to soon become one. They might seek legal autonomy to have greater control over their own life decisions and those that affect their own child.
The Minor Acts as Their Siblings’ Primary Caretaker
In some circumstances, a minor might also qualify for emancipation if they can prove that they are the financial caretaker of their younger siblings in the event of absent parental support. This would reflect similar responsibilities to young parenthood.
The Minor is Enlisted in the Military
If a young person is at least 16 years old, they may file for emancipation if they have enlisted in the United States Armed Forces. The parents of a minor enlisted service member may not be able to exercise their decision-making over their child if the child or a commanding officer cannot be reached on a base or during deployment.
The Minor is Married or in a Civil Union
Though the youngest legal matrimonial age in New Jersey is 18, a minor might seek emancipation if they enter a marriage or civil union prior to moving to the state.
The Minor Is Financially Independent
A young person who possesses the income to support themselves independently without parental assistance may qualify for emancipation. The court will ask that the minor prove they can afford basic living expenses on their own such as rent or mortgage, utility payments, and living essentials like groceries and clothing.
Cases of Parental Abuse or Neglect
A minor may be able to file emancipation papers if they have experienced serious abuse, neglect, or other traumatic events at the hands of a parent. Here, the primary goal would be to remove the child from the unsafe environment, but the court could also decide on an alternative form of guardianship such as living with another relative or foster care.
Parental Death or Unavailability
In cases where a parent is unavailable to care for their child, they may qualify for emancipation. These decisions are more likely to be granted to a minor in the mid-to-late teens that can support themselves financially and has no living or local relatives that could serve as their new guardians.
Examples of circumstances where a child could qualify for emancipation could hypothetically include, but are not limited to:
- Death of one or both parents with no nearby relatives capable of assuming guardianship
- Long-term incarceration of one or both parents
- One or both parents lives with a severe disability or illness that impacts their ability to act as a legal guardian
Other Court-Ordered Circumstances
During emancipation proceedings, a judge might order emancipation for a minor based on their specific life circumstances. This requires a more nuanced examination of the factors that might influence the young person to take a drastic step in seeking legal independence from their parent or guardian. If you are receiving child support from one or both parents, this may continue if the court mandates it.
The New Jersey Emancipation Process
To initiate the emancipation process, a complaint must be submitted to local courts. In most cases, parents or guardians will also receive a copy of this complaint in case they wish to contest it before a judge.
During court proceedings, the minor will have an opportunity to present their argument for emancipation based on the evidence they have compiled to support their claim. If parents or guardians wish to present a counterargument to maintain their legal stewardship over the child, they will also be granted the chance to do so.
After considering all arguments and evidence, the presiding judge will decide whether or not the young person is eligible for emancipation. They may also explore alternative forms of guardianship if the minor is not deemed capable of living outside of an adult’s care.
Work with an Experienced New Jersey Emancipation Lawyer
At Daly & Associates, our team of experienced family lawyers can assist you in your emancipation case. We possess the legal knowledge and expertise to assist you in compiling a factual, evidence-based argument to support your position. If you are a young person looking to obtain emancipation or a parent looking to contest a complaint, please contact us today to learn more about how we can assist you.
