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Question on Emancipation

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L

lisagr33

Member
What is the name of your state? TN but person asking in NY.

If a child has been emancipated in a court order (divorce decree) can the mom of the child turn around and file for CS since the child is considered mentally unstable to hold a job? What has happened is the divorce decree was signed by both the mom and dad and in the decree is states that both agree the child is emancipated. Now the mom has decided to file for the reinstatement of CS.

Is this possible?
 


S

Silverplum

Senior Member
lisagr33 said:
What is the name of your state? TN but person asking in NY.

If a child has been emancipated in a court order (divorce decree) can the mom of the child turn around and file for CS since the child is considered mentally unstable to hold a job? What has happened is the divorce decree was signed by both the mom and dad and in the decree is states that both agree the child is emancipated. Now the mom has decided to file for the reinstatement of CS.

Is this possible?
Click to expand...
I can't imagine so, but the world is a very weird place. I'd consult a local attorney, paperwork in hand.
 
F

fairisfair

Senior Member
Since when do divorce decrees include the emancipation of a minor??

and since when do parents get to declare their children emancipated??


Oh my, do I have something to tell MY kids when I get home from work tonight!!!:p:D:D
 
L

lisagr33

Member
Trust me, I don't know how but according to this person her stepson is emancipated. I looked up and it said that emancipation is 21 years old for NY. Of course, I have been told that the boy dropped out of high school at 16 and attempted to get his GED but never finished.:rolleyes: Sometimes I wonder about the world.
 
M

mommyof4

Senior Member
NY is a weird state for emancipation. There are no statutes or judicial procedures for legal emancipation, but the court does recognize emancipation of a minor if that minor is living completely out from under the control of his or her parents, whether that be with consent or not.

Your friend needs to take this information with his divorce decree to a good atty (as Silver stated). That's about the only way he will be able to get a definitive answer.

Where is the kid living now?
 
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