Custody
Child Support
Emancipation and Ages for Moving Out

How do you help a child become emancipated from a custodial parent?

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2005-10-24 22:16:46
2005-10-24 22:16:46

Not all states have laws that allow emancipation of minors, those that do have the minimum age set at sixteen. The issue of having a minor removed the from parental custody is unlikely without there being substantiated evidence of endangerment, neglect and/or abuse, then it would come under the jurisdiction of the state's DFS or CPS division. Those states that allow emancipation of minors arbitrarily, always require the minor to file the petition with the court, pay all filing and court fees, and present the required documentation proving they can conduct their life without adult intervention, before the granting of emancipation rights are considered. If the issue concerns a younger child whose well-being is being jeopardized by the parent a report can be made to the state social services. Another option is for a qualified adult to apply for legal guardianship of the minor, any person can file the petition and the judge will decide if the request has merit and should be granted.

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Children are not "emancipated" from child support. They are "entitled" to financial support by the non-custodial parent. In general, children become emancipated by leaving their parent(s)' house and becoming self-supporting. Child support is usually not due for an emancipated child.

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Is this a trick question? If the child is legally an adult (and therefore 'emancipated') then there is no "custodial" parent.

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A parent does not become emancipated from their children. A child can become emancipated from a parent under certain circumstances. A parent can lose custody of a child if a court finds that they are not fit to parent. Generally, this would be based on a finding of abuse, neglect or abandonment.

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Yes. Child support is for the "custodial parent". If you are not living at home with your custodial parent, then they are no longer eligible to receive child support. However, the non-custodial parent can request a modification if the child is no longer living with the custodial parent and that includes a change of custody. A 17 yr old is not emancipated in Texas, unless proper procedures through the courts have taken place. If that is the case, then the custodial parent and child are no longer eligible for child support.

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No, it's up to the court. However, the non custodial parent would traditionally become the custodial parent. The parent should always have first right to their child!

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There is no statute of limitations on collecting past-due child support.

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No. Once a child is legally emancipated, the parent is no longer obligated to pay child support.

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The custodial parent is the parent with custody/guardianship of the child.

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No. The school will only deal with the custodial parent. The non-custodial parent cannot enroll a child in school.No. The school will only deal with the custodial parent. The non-custodial parent cannot enroll a child in school.No. The school will only deal with the custodial parent. The non-custodial parent cannot enroll a child in school.No. The school will only deal with the custodial parent. The non-custodial parent cannot enroll a child in school.

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custodial parent should take it to court. if the custodial parent keeps the child away from the non custodial parent then the custodial parent could do jail time

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No. Child Support has nothing to do with relationship. However, I you could file a court motion to determine the cause of not wanting a relationship and determined if the custodial parent/family/friends are promoting parental alienation towards the non-custodial parent.

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No, of course not. If the non-custodial parent is keeping the custodial parent from the child then the custodial parent needs to get moving and take the matter to court immediately. The custodial parent also needs to get some counseling so that she can assert her rights more effectively and be a better parent for her child.

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With some exceptions,child support is not paid directly to the child because it is not "the child's money" - it is compensation to the custodial parent because they are raising the child alone. Child support must be paid to the custodial parent or legal guardian.However, if the child is no longer living with the custodial parent (in the case of an emancipated minor or a child 18 or older who is a full-time student), the court can be petitioned to have the money directly paid to the child.

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No they can not. The key here is the "custodial parent" . You may be able to go to court. But if you keep the child and you are not the custodial parent and there is a court order saying the other parent is the custodial parent, all that person has to do is call the police, and the non custodial parent would have to give up the child.

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Typically, the custodial parent of a minor continues to receive child support until the minor becomes an adult or is emancipated.

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If the child goes to live with a non custodial parent, then the non custodial parent has custody. If you are asking about legal custody, the non custodial parent would have to petition the courts to change the custody order.

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Of course. The custodial parent should know where the child will be when she is with the non-custodial parent. If something should happen to the non-custodial parent the custodial parent should know where to get the child. Wanting to keep that type of information secret shows a problem of non-cooperation and a parent who is not thinking of the best interests of the child.

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If you have joint custody, there is one parent that is the custodial parent. A child can move in with you if you are the custodial parent or you can file in court to change your status to the custodial parent. The child should want to live with you as well.

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The child lives with you and you are entitled to child support from the non-custodial parent.The child lives with you and you are entitled to child support from the non-custodial parent.The child lives with you and you are entitled to child support from the non-custodial parent.The child lives with you and you are entitled to child support from the non-custodial parent.

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No. Driving is equal amonst the parents. Non custodial picks up the child for the visit and the custodial parent picks the child up from the visit. This is standard

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File what? If you are speaking of a court filing, either parent. If you are speaking of taxes the custodial parent has the right to file the child as a dependent. The custodial parent can allow the non-custodial parent the right if they want to.

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The non-custodial parent will be required to pay child support.The non-custodial parent will be required to pay child support.The non-custodial parent will be required to pay child support.The non-custodial parent will be required to pay child support.

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To have a child become emancipated requires a lawyer and court hearing.


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