Home Narital Emancipation

Narital Emancipation

Be Aware of the Implications of Emancipation of Minors

Be Aware of the Implications of Emancipation of Minors

The emancipation of minors is a sensitive subject that can lead to a great deal of debate. Many states and many courts have declared different findings regarding the emancipation of minors due to marriage. In the case of In re Marriage of Schoby, the court ruled that just because a child is married does not necessarily mean that the child is emancipated.
A court is required to look at the whole picture and all of the circumstances regarding a situation in order to determine whether or not a minor who has entered into marriage should be emancipated. Many courts have found that marriage does not determine the emancipation of minors. These courts have decided that if a parent wishes to have a child emancipated because they have consented to the minor’s marriage, then the parent must petition the court for the termination of child support.
In Guzman v. Guzman, the court ruled that even if the emancipation of minors does occur, it does not require the child to leave their parents’ home and support themselves in order to maintain their independence from their parents and their status as emancipated. In some cases, one or both parents will decide that they want to continue to provide support to their child even if the minor has entered into a marriage. In instances such as this, the parents may continue to provide the minor with basic necessities such as food and clothing. The parents may also allow their child, and in many cases their child’s spouse, to live in their house.
Most states do recognize marriage as a legal form of emancipation. However, if a minor is given the consent to marry, then their status as emancipated may be dependent on location, the court and the specific conditions regarding the minor’s situation.  

Understanding The Court’s Role

Understanding The Court's Role

In the family law case of Abu-Nadal v. Abu-Nadal a fifteen year old girl lived in Ohio with her family. Her parents requested that she marry a man in her home country of Jordan, and she did. Soon after the marriage occurred she returned to Ohio and continued to live with her parents.
The girl was attempting to get a divorce from the man that she married. When this family law case was presented to a court, the judge did not find that the marriage emancipated the minor because the girl’s husband was still living in Jordan and because the mother was still supporting the girl.
In similar family law cases, the court has found that although in most instances if a minor enters into marriage they are emancipated, this is not true in all situations. In the family law case of Berks County Children and Youth Services v. Rowan, the minor who had been married was separated from her husband. She had nowhere to live and was in need of both financial and emotional support. In this case, the court ruled that because the minor was no longer being supported by her husband it was the parents’ responsibility to support the child and to provide her with care.
There are a number of other family law cases which have also ruled that the parents of a child are required to continue to provide support to a minor even if they have been married, such as in the case of Church v. Hancock. 
In cases in which a minor has received parental consent in order to enter into a marriage, it is the duty of the court to decide whether or not the marriage is in the child’s best interest. A family law case may proceed in order to decide whether or not the child is in the position to be emancipated. If a child is not being properly cared for, is unable to support themselves, or is not receiving support from their spouse, family law cases will usually find that the child is not emancipated from their parents and the parents will continue to be responsible for providing support to the child.