New York, NY asked in Child Custody and Family Law for New York

Q: I have joint custody of my son with my ex. My son wants to be emancipated from her. How does he go about it?

We have joint custody he doesn't see her as is his choice set forth in the stip. He doesn't want her to have any input on anything he does. Please let me know what his rights are as he wants to be emancipated from HER

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1 Lawyer Answer
Andrew S. Tabashneck
Andrew S. Tabashneck
  • Divorce Lawyer
  • Williamsville, NY
  • Licensed in New York

A: It is difficult to answer the question without more information. The issue of emancipation depends on a variety of factors. One of those factors is not whether the party has an explicit desire to be considered emancipated.

Under New York law, emancipation prior to age 21 may occur if the child marries, becomes self-supporting, enters the military or engages in a course of conduct that is inconsistent with the parent-child relationship. Under the doctrine of constructive emancipation, where a minor of employable age and in full possession of his or her faculties, voluntarily and without cause, abandons the parent’s home, against the will of the parent and for the purpose of avoiding parental control, the child forfeits his or her right to demand support. However, where it is the parent who causes a breakdown in communication with the child, or has made no serious effort to contact the child and exercise visitation rights, the child will not be deemed to have abandoned the parent. Critically, the burden is on the party seeking to establish the child as emancipated to provide the evidence sufficient to conclude the child is emancipated.

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