Can an Emancipated Young Adult Revert to Un-Emancipated Status?
Generally, no. Once an adolescent or young adult is emancipated, he or she remains a legal adult for life.
In New Jersey, a young man or woman is not automatically emancipated at eighteen. Although it is certainly possible to be emancipated at this age, many young men and women remain under their parents’ care until they graduate from college or otherwise obtain full-time employment. Being able to financially sustain oneself is a mark of adulthood; the end of an individual’s parents’ financial responsibility to him or her.
This is why it is extremely rare to have an individual’s emancipation status reversed. Although the reversal of a young man or woman’s emancipation is legal in New Jersey, there is usually no reason for the court to do this. An example of a situation where an individual’s emancipation may be reversed is if he or she attends college, then leaves to work full time without completing his or her degree. If the young adult gives no indication of returning to school and instead appears to be financially self-sufficient, he or she may become emancipated. However, if that young man or woman then decides to attend college full-time again and can not continue to support him or herself, the court may decide to reverse his or her emancipation.
Take an Active Role
New Jersey has some of the most child-oriented emancipation laws in the country. It is possible for an individual in his or her twenties to continue to receive court-ordered financial support from his or her parents if he or she is a full-time student, even a graduate-level student. If you are currently making child support payments or receiving them from your former spouse, discuss emancipation with your former partner and your child before he or she reaches legal adulthood. Discuss expectations for financial support as an adult, higher education goals, and his or her career goals. When all parties are on the same page regarding these issues, your child’s transition to adulthood can go much more smoothly.
To learn more about emancipation in New Jersey, call The Law Office of Eric B. Hannum Esq., LLC. at 732-370-9596 today to schedule your free legal consultation with a member of our firm. We are proud advocates for New Jersey families throughout Burlington, Ocean, Monmouth, Mercer, and Middlesex counties.