Emancipation is the process of having a child, a person under 21 in Mississippi, “declared” an adult, removing their status as a minor.
Emancipation shall occur upon the child;
- Attaining the age of 21 (unless agreed to extend, but not shorten)
- Joining the military and serving on a full-time basis
- Is convicted of a felony and is sentenced to incarceration of two (2) or more years for committing such felony
Other forms of Emancipation include Court-Ordered Emancipation when your child;
- Discontinues full-time enrollment in school having attained the age of eighteen (18) years, unless the child is disabled
- Voluntarily moves from the home of the custodial parent or guardian, and establishes independent living arrangements, obtains full-time employment and discontinues educational endeavors prior to attaining the age of twenty-one (21)
- Cohabits with another person without the approval of the parent obligated to pay support; “cohabits” generally means living together as if husband and wife.
Having a child emancipated ends child support obligations and ends the parents responsibilities for that child. That child is now an adult, as far as the parent’s obligations go.
Emancipation may be sought for a variety of reasons. The parent and child could have a bad relationship, the child may need to enter into a contract or may desire to make a medical decision contrary to the parent’s wishes. Emancipation may be brought on by either parent and/or the child, through a next friend.
Matthew Thompson is a family law attorney in Mississippi and reminds you a minor is a minor in Mississippi until 21, not 18.
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You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms.
2 thoughts on “Emancipation Proclamation (Having minority status removed from a Child)”
When a child turns 21 does child support automatically end or do you have to go to court?
It ends at 21 automatically, unless stated otherwise. Parties can agree to pay longer and while child support may end at21, other obligations may continue such as college and insurance.