How to get emancipated in New Jersey
Posted by Priscilla
In the State of New Jersey there is no particular statute that covers emancipation. There has to be a petition from either the child or an agency that cares for that child to start the emancipation procedures. How to get emancipated in New Jersey requires additional legal action.
When a child asks to be emancipated it is almost assured that the relationship between the parent and child has reached an all time low. However, in some cases it is advantageous for the child to want emancipation.
When a child becomes emancipated they are asking the judge to grant them authority to do the same things as a person who has reached the Age of Majority which is or 18 or 19 years old in most states. In the State of New Jersey this age is 18. The juvenile court must be petitioned to receive the status of emancipation.
If the child receives permission from the court to be emancipated then the parents or the guardians are not responsible for the child. That means they are not obligated to provide money, medical insurance or any other kind of support.
Before a child gets emancipated he or she must be able to provide for themselves, handle their own money and have a legal way to make money. All these conditions at a minimum must be met before the judge will make a ruling in favor of the child.
What are some of the general rules on how to get emancipated in New Jersey?
- The child must be a resident of New Jersey
- The child has to be at least 16 years of age
- The child must be living separate and apart from the parents or guardian
- The child must be capable of supporting himself or herself financially and managing his or her own affairs
- Each parent or guardian must consent (although there are certain exceptions)
- Not a ward of the state
Just because a child becomes emancipated there are still certain responsibilities the child must take care of themselves:
- Cannot drink alcohol until the legal age in that state
- Must attend school
- Cannot get married unless he/she has parents permission
- Cannot vote until the age of 18
- Cannot purchase cigarettes or alcohol
- Cannot purchase or possess firearms
Now for the good news about emancipation. The child who is granted emancipation can get medical care, apply for a work permit, sign up for school and go to college and live where he/she wants to. Remember this is a big responsibility and when you ask for it you really should be ready to receive it.
If you want to get emancipated then go to the appropriate juvenile court to start the proceedings. You probably be interviewed to make sure you understand the ramifications of emancipation. If it is deemed that you are a candidate then a petition in juvenile court should be filed to start the process.
Once you are emancipated make sure you keep your papers with you at all times. When things occur you might have to provide proof of emancipation!
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