QUESTION

What should my first steps be to getting emancipated?

Asked on Mar 19th, 2020 on Family Law - New Jersey
More details to this question:
I am 16 years old in New Jersey with a full time job and I am graduating high school this year. I have living arrangements set up but i can not move in because of my parents not allowing me to. Email is the best place to reach me.
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1 ANSWER

Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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Im sorry that things have happened in your life that you feel the need at age 16 to seek a determination of emancipation. Emancipation is more than simply you having a job and wanting independence. I dont know what is taking place in your life and whether your settingnecessitates a formal declaration of independence, but the concept of emancipation is that you are no longer within the sphere of influence of your parents or legal guardian.  It means that your parents or guardian no longer have the ability to control or influence you and your decisions, which include where you live, work, etc. Parents and guardians have a legal obligation to provide support for children unitl age 18; at which point, you / they have the right to view the setting differently and there is a presumption of emancipation. Before pressing for a legal determination of emancipation, I would try counseling with or without your parents or guardian to help you understand why you want this determination now verus waiting 2 years for it to occur naturally ( if you go to college, legally, parents may still be obligated to assist you financially ).  If you truly wish to pursue this course of action, I would contact the family law clinic for either Seton Hall School of Law or Rutugers family Law Legal Clinic to schedule a meeting with a professor and student to discuss the filing of an application to the court and what is invovled with it and the consequences  of your actions if successful. 
Answered on Mar 24th, 2020 at 7:08 AM

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