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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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WHAT IS THE LAW REGARDING EMANCIPATION OF A 19 YEAR OLD WHO

Customer Question

WHAT IS THE LAW REGARDING EMANCIPATION OF A 19 YEAR OLD WHO IS NOT IN SCHOOL FULL TIME AND IS WORKING FULL TIME
Submitted: 7 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 7 years ago.
Since New Jersey law provides no specific law as to the definition of emancipation, The Superior Court of New Jersey has stated that “When a child moves beyond the sphere of influence and responsibility exercised by a parent and obtains an independent status on his or her own, generally he or she will be deemed emancipated.”

In general a child is considered emancipated when:

1) the enlist in the military

2) the get married

3) they are no longer living at home, working full time, no longer financially dependent on their parent and not pursuing college.

Again this is all based on case by case given the "full independence of the child and control of the parents".

So if a child is working full time and no longer under the control of the parents the court would consider this emancipation.



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Customer: replied 7 years ago.
So who has the burden of proof the custodial parent correct to prove that he is a full time student if not the adult child should be emancipated
Expert:  Attorney & Mediator replied 7 years ago.
She would have to rebut your presumption that he is not emancipated.