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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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โˆ™ 2005-10-24 22:16:46
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Q: How do you help a child become emancipated from a custodial parent?
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Can an adult child sue a non custodial parent for the parent's assets?

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


How do you emancipate a child from child support?

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.


How does a mother become emancipated from her kids?

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.


In the state of Texas if you are seventeen and your parent is receiving child support does the child have to live at home for parent to continue child support?

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.


How long can a custodial parent collect arrears after child is emancipated in NJ?

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


If a teen emancipates in NC does the teen automatically receive the child support that was awarded to his custodial parent?

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


If a non-custodial parent refuses to pay child support can the custodial parent stop visitation?

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


Can a child stop past due child support?

No. That money is owed to the child's custodial parent.No. That money is owed to the child's custodial parent.No. That money is owed to the child's custodial parent.No. That money is owed to the child's custodial parent.


What if the custodial parent is deceased can the child still choose where will like to go?

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!


Can the father keep the child away from the mother if she has full custody?

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.


What constitutes custodial parent in reference to child support?

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


Does a non custodial parent have to pay child support to primary custodial parent if the custodial parent is uneployed?

Yes, you do have to pay child support.


Can a non-custodial parent enroll the child in a school near them without the other parent's consent?

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.


Does non-custodial parent have to provide address to custodial parent?

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.


When the custodial parent passes away and the non custodial parent becomes the custodial parent does the minor child have a say where he wants to live?

No, the minor child must live with the custodial parent who decides where they will live.


Can the noncustodial parent keap the child not return to custodial parent?

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.


Paying child support if the child is using drugs?

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


Can you pay child support to your child?

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.


If you have joint custody of a child can this child move in with you?

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.


Does the father have to pay child support if the child lives on their own in Mississippi?

A minor child should not be living on their own. If the child has been legally emancipated the parent may be excused from paying child support. Otherwise, they will be assessed if the custodial parent files a petition for child support with the court. At that time the fact of the child living on their own can be brought to the attention of the court.A minor child should not be living on their own. If the child has been legally emancipated the parent may be excused from paying child support. Otherwise, they will be assessed if the custodial parent files a petition for child support with the court. At that time the fact of the child living on their own can be brought to the attention of the court.A minor child should not be living on their own. If the child has been legally emancipated the parent may be excused from paying child support. Otherwise, they will be assessed if the custodial parent files a petition for child support with the court. At that time the fact of the child living on their own can be brought to the attention of the court.A minor child should not be living on their own. If the child has been legally emancipated the parent may be excused from paying child support. Otherwise, they will be assessed if the custodial parent files a petition for child support with the court. At that time the fact of the child living on their own can be brought to the attention of the court.


Is the custodial parent responsible for transporting the child to and from non custodial parent?

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


Who has the legal right to file a child the custodial parent or non custodial parent in Florida?

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.


Can a child be declared emancipated if they decline to continue a relationship with their non-custodial parent?

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.


Can a non custodial parent get custody of a child when child goes and lives with non custodial parent?

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.


Do the non-custodial parent have to pay child support if he or she gives full custody?

If the non-custodial parent becomes the custodial parent they do not have to pay child support. It's the non-custodial who pay to the custodial who is the one who takes care of the child every day.