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How can I get my child emancipated?

By Sarah Jacobs, Esq.

Child Emancipation Attorneys in Morristown NJ

Amy L. Miller, 2019 NJ Family Magazine “New Jersey’s Best Lawyers For Families” award, and one of our experienced attorneys on family law including divorce, custody, visitation, alimony, and domestic violence. She is also Associate Editor on the New Jersey Family Lawyer publication. In this video, she speaks to us about the different scenarios when it comes to emancipation cases.

How Can I get my Child Emancipated?

If your child is at the point where they need to be emancipated, that means that they are beyond the sphere of influence of their parent essentially. It is not a magical age. It’s more this kind of amorphous theory of being outside of your parent’s influence. If your child is at that point, it oftentimes does come with graduation from college. But that alone is not necessarily the trigger. At that point, you would meet with an attorney to discuss what does emancipation mean and how do I get my child emancipated?

Is there a right moment to emancipate your child?

Assuming that there is this easy trigger of graduation from college and your child moves on to a job and either moves out on their own or even if they are living with a parent but they are working and supporting themselves and hopefully the two of you can reach a resolution to say we agree that our child or son or daughter is emancipated effective a certain date, perhaps graduation from college, perhaps the parties will agree that  it’s a later day. Maybe give the child a few months to kind of get on their feet. If you can not reach that resolution with the other side and at that point you would ideally retain counsel to file a motion with the family part that is seeking to emancipate the child effective a certain date, the date that you believe that he or she was emancipated was beyond the sphere of influence and you are seeking to terminate the obligation for child support, the obligation to maintain them on your health insurance, the obligation to maintain life insurance for the benefit of the child.

What could be the court´s final word on emancipation?

When you file that motion the court could do really one of the three things. They could dismiss it if the court does not believe that the motion supports emancipating the child. The court could grant that relief. The third thing that we sometimes see is the court could order what’s called a plenary hearing which is a trial but it is solely focused on the issue of emancipation. Throughout this process this motion process hopefully at a certain point you and your ex-spouse or the other parents can reach a resolution between yourselves or with counsel so ultimately that is always the goal but if you can´t do it the court is there to decide it for you and if you counsel with you, your counsel can guide you to say this is the path we need to take to allow the judge to give you what you need in a final order emancipating your child.

Contact Awarded Morris County Family Lawyers today

Because of the complexity of the emancipation process, it may be wise to consult with an experienced family law lawyer.  Speaking with an attorney will help you understand your rights and obligations as well as preserve any possible remedies you may have.

You may wish to contact Jacobs Berger to explore your options and seek legal advice before going any further. Our Family Law team is well versed in the area of emancipation and is located in Morristown, NJ. You can reach us online or call 973-710-4366 to schedule a consultation with one of our lawyers.

Contact Our Morristown Attorneys Today

At Jacobs Berger, our attorneys are experienced in protecting our clients across Madison, Randolph, Tewksbury, Morristown, and the greater Morris County area in all family law-related issues.

To schedule a strategic planning session with one of our experienced team members regarding your particular case, please contact us online or through our Morristown, NJ office at (973) 354-4506.