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The controlling principles relating to emancipation

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October 26, 2012 at 2:43 pm


Law Lessons from BERNIER LAUREDAN VS. GERTRUDE LAUREDAN, App. Div., A-0155-11T1, October 19, 2012:

In Filippone v. Lee, 304 N.J. Super. 301, 308 (App. Div. 1997), Judge Pressler summarized the controlling principles relating to emancipation:

Emancipation of a child is reached when the fundamental dependent relationship between parent and child is concluded, the parent relinquishes the right to custody and is relieved of the burden of support, and the child is no longer entitled to support. Emancipation may occur by reason of the child’s marriage, by court order, or by reaching an appropriate age, and although there is a presumption of emancipation at age eighteen, that presumption is rebuttable. In the end the issue is always fact-sensitive and the essential inquiry is whether the child has moved “beyond the sphere of influence and responsibility exercised by a parent and obtains an independent status of his or her own.”

Bishop v. Bishop, 287 N.J. Super. 593, 598 (Ch. Div.1995).

Further, the court’s emancipation determination “involves a critical evaluation of the prevailing circumstances including the child’s need, interests, and independent resources, the family’s reasonable expectations, and the parties’ financial ability, among other things.” Dolce v. Dolce, 383 N.J. Super. 11, 18 (App. Div. 2006) (citing Newburgh v. Arrigo, 88 N.J. 529, 545 (1982)). Emancipation is “the conclusion of the fundamental dependent relationship between parent and child[.]” Id. at 17.



NOTE from Paul G. Kostro, Esq.: If you are interested in Mediation; or have issues relating to Divorce, Domestic Violence, Child Support or Other Legal Matters, please call me to schedule an appointment — I can be reached by telephone at (908)486-2200; or by Email.


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