If you have children when you divorce, you must come to some sort of child custody agreement. If both parents want to be in their child’s life, you will have to share legal and physical custody in some way that is outlined specifically in your agreement. Often, one parent pays child support to the other parent for the benefit of the child. Eventually, your child will become an adult, making child support and custody decisions no longer needed.
Emancipation
Emancipation is the term used to describe the transition from a child to an adult. Two things happen in emancipation. The first is that the child no longer is under the control of the parents. The second thing that happens when a child is emancipated is that the parents are no longer legally responsible for the child.
While the idea that children grow up and can make their own decisions is not new, it is important to understand that there is a legal element to it. In most cases, children are emancipated from their parents when they turn 18 years old. But depending on the state you live in or extenuating circumstances, it is possible for your child to be emancipated earlier.
Age of majority
If emancipation is the term for the transition from child to adult, the phrase, age of majority, refers to the legal age when this transition takes place. Most states recognize that when a child turns 18 years old, they are now an independent person. Situations in which the age of majority is not 18 years old are:
- Mental or physical challenges that prevent a child from becoming fully independent. In some cases, a person can achieve emancipation at an older age if they can prove they can take care of themselves after developing skills.
- In Nevada, children as young as 16 years old can pursue emancipation if they can prove that they have legal employment, that they can take care of their own finances, and that they are currently living apart from their parents. Many factors are considered before a judge grants child emancipation.
When it comes to child emancipation, the courts want to make sure the best interest of the child is considered before any judicial declaration of emancipation is made earlier than the usual age. When it is granted, parents no longer have a legal say in their children’s lives and any responsibilities they have financially are also absolved. Review NRS 129.080 – 129.140. For more detail, then call Warnock Family Law for help.
If you need legal advice concerning your child, give Warnock Family Law a call today. If you are in Las Vegas, looking for the best representation to give you the support you need, Patricia Warnock with the Warnock Family Law firm, will provide the guidance and expertise you need to feel fully supported.