Legal Question in Family Law in New Jersey

Teenage emanicpation

I am 16 years old and pregnant. When i have my baby will i be considered a legally emancipated minor? if yes, will it be automatically or will i need to go to court for it?


Asked on 5/09/08, 2:24 pm

3 Answers from Attorneys

Salvatore Principato Salvatore Principato, Attorney at Law

Re: Teenage emanicpation

This may depend on several factors and is beyond the scope of the information you have supplied. For example, if you are in high school and will continue to attend school and live with your parents, then the likelihood of emancipation is lesser but I believe would be made on a case-by-case basis by the court. This called the "sphere of influence" test that a court would apply.

On the other hand, if your parents consent or you otherwise are able to legally marry the child's father, then you would probably be deemed emancipated. I think in the former case, where you continue to live at home with your parents, yes, you would need to go to court to be declared emancipated.

But either way this would not necessarily be automatic and to be officially and legally emancipated, you may need a court determination as emancipation is not generally automatic in NJ. You may consult with an attorney and give more details and your reasons for asking.

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Answered on 5/12/08, 6:32 pm
Salvatore Principato Salvatore Principato, Attorney at Law

Re: Teenage emanicpation

This may depend on several factors and is beyond the scope of the information you have supplied. For example, if you are in high school and will continue to attend school and live with your parents, then the likelihood of emancipation is lesser but I believe would be made on a case-by-case basis by the court. This called the "sphere of influence" test that a court would apply.

On the other hand, if your parents consent or you otherwise are able to legally marry the child's father, then you would probably be deemed emancipated. I think in the former case, where you continue to live at home with your parents, yes, you would need to go to court to be declared emancipated.

But either way this would not necessarily be automatic and to be officially and legally emancipated, you may need a court determination as emancipation is not generally automatic in NJ. You may consult with an attorney and give more details and your reasons for asking.

Read more
Answered on 5/12/08, 6:32 pm
Salvatore Principato Salvatore Principato, Attorney at Law

Re: Teenage emanicpation

This may depend on several factors and is beyond the scope of the information you have supplied. For example, if you are in high school and will continue to attend school and live with your parents, then the likelihood of emancipation is lesser but I believe would be made on a case-by-case basis by the court. This called the "sphere of influence" test that a court would apply.

On the other hand, if your parents consent or you otherwise are able to legally marry the child's father, then you would probably be deemed emancipated. I think in the former case, where you continue to live at home with your parents, yes, you would need to go to court to be declared emancipated.

In any event, emancipation would not necessarily be automatic and to be officially and legally emancipated, you may need a court determination as emancipation is not generally automatic in NJ.

You may best consult with an attorney and give more details and your reasons for asking.

Best of Luck!

Read more
Answered on 5/12/08, 6:32 pm


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