Emancipation of Minors

How do I emancipate myself? How can I emancipate my child? Find out the answers to this and other frequently asked questions about emancipation in New Jersey:

How can I get my child emancipated?

If you have been divorced and have a marital settlement agreement, look to that agree to see if there are terms regarding the emancipation of your child. If there are no terms regarding this issue, or if you have never been married, you may file an application with the court, asking the court to find that your child has been emancipated. You have to prove that your child no longer needs your financial support and is “outside the sphere” of your influence regarding financial matters. This would include your child being married, being employed full-time and not in school, being in the military or having graduated from a four-year college. Be advised that emancipation is NOT automatic. You must file with the court and have your child viewed as emancipated before child support stops.

How can I emancipate myself?

You would file an application with the family court who would make the determination whether or not you are emancipated. The court would look at such facts such as whether you still live with your parents, whether they still financially support you, if you are in college or the military, your age and/or if you are married.

How can I emancipate myself without my parents’ consent?

You would have to file an application with the family court who would look at the same factors as if you had your parents’ consent, as listed above.

How old do I have to be to become emancipated from my parents in New Jersey?

In New Jersey, there is no set age at which a minor child can become emancipated. If you are beyond the sphere of your parents’ influence (meaning you no longer rely on them for support or are financially dependent upon them) then you can be seen as emancipated. Note, however that being 18 years of age does not make any child automatically emancipated.