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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
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Experience:  Attorney experienced in all aspects of family law
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We live in NYS. My husbands daughter left on 10/26/09 and

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We live in NYS. My husband's daughter left on 10/26/09 and moved in with her mother after living 2/3 of the time with us, 1/3 of the time with her mother, under an agreement that was made between her mother and her father for the last 6+ years. The court order currently states they have joint custody with visitation for the father for 1 week on, 1 week off. His daughter is 17, will be 18 in September, and will not speak to her father, or myself nor will she see us. She has never even told him why she left, just didn't come home from school one day. No abuse, just mom lets her do whatever she wants and we have rules and expectations. What rights to we have to emancipate her so that he no longer has to pay support, and be responsible for her medical and dental insurance, since she won't even talk to us on the phone? Thanks
Submitted: 7 years ago.
Category: Family Law
Expert:  Brandon M. replied 7 years ago.

Hello there:


emancipation of a child cannot be forced by a parent. I am not sure what the child is going through or thinking, and I share your concern, but child support is based on the child's living arrangements and the parents' abilities to provide for them--even if visitation time is zero. The best that you might hope for is, while the child is still under age 18, to get an order from the court ordering her to counseling; I am guessing that you would rather the support money go toward counseling than toward the other parent.

Let me know if I may be of further assistance. Thank you.

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