Emancipation and Duty to Provide Support in Georgia

Full question:

Does GA law state emancipation if child drops out of highschool? My ex has given permission for my children to drop out without my consent. I am wondering if I still owe child support until they are 18 if they are no longer in school or pursuing GED.

• Category: Minors
• Subcategory: Emancipation of Minor
• Date: 04/07/2025
• State: Georgia

Answer:

In Georgia, the duty of support shall continue until the child reaches the age of majority, dies, marries or becomes emancipated, whichever occurs first. The court may, however, under certain circumstances, order the continued support of a child who is enrolled in a secondary school until the child reaches the age of twenty. The court may also order a party to provide medical insurance for the child if such insurance is reasonably available.

The following are Georgia statutes:

15-11-200. As used in this article, the term:

As used in this article, the term:

(1) "Emancipation" means termination of the rights of the parents to
the custody, control, services, and earnings of a minor.

(2) "Minor" means a person who is at least 16 but less than 18 years of
age.

(3) "Parents" has the same meaning as set forth in Code Section 15-11-2.

15-11-201. (a) Emancipation may occur by operation of law or pursuant to
a....

(a) Emancipation may occur by operation of law or pursuant to a
petition filed by a minor with the juvenile court as provided in this
article.

(b) An emancipation occurs by operation of law:

(1) When a minor is validly married;

(2) When a person reaches the age of 18 years; or

(3) During the period when the minor is on active duty with the armed
forces of the United States.

(c) An emancipation occurs by court order pursuant to a petition filed
by a minor with the juvenile court as provided in Code Sections 15-11-202
through 15-11-207.

15-11-202. A minor seeking emancipation shall file a petition for
emancipation in....

A minor seeking emancipation shall file a petition for emancipation in
the juvenile court in the county where the minor resides. The petition
shall be signed and verified by the minor, and shall include:

(1) The minor's full name and birth date, and the county and state
where the minor was born;

(2) A certified copy of the minor's birth certificate;

(3) The name and last known address of the minor's parents or guardian,
and if no parent or guardian can be found, the name and address of the
minor's nearest living relative residing within this state;

(4) The minor's present address and length of residency at that
address;

(5) A declaration by the minor indicating that he or she has
demonstrated the ability to manage his or her financial affairs; the
minor may include any information he or she considers necessary to
support the declaration;

(6) A declaration by the minor indicating that he or she has the
ability to manage his or her personal and social affairs; the minor may
include any information he or she considers necessary to support the
declaration; and

(7) The names of adults who have personal knowledge of the minor's
circumstances and believe that under those circumstances emancipation
is in the best interest of the minor. Such individuals may include any
of the following:

(A) Physician or osteopath licensed pursuant to Chapter 34 of Title 43;

(B) Registered professional nurse or licensed practical nurse licensed
pursuant to Chapter 26 of Title 43;

(C) Psychologist licensed pursuant to Chapter 39 of Title 43;

(D) Professional counselor, social worker, or marriage and family
therapist licensed pursuant to Chapter 10A of Title 43;

(E) School guidance counselor, school social worker, or school
psychologist;

(F) School administrator, school principal, or school teacher;

(G) Member of the clergy;

(H) Law enforcement officer; or

(I) Attorney.

15-11-203. (a) Upon filing the petition, a copy of the petition for
emancipation....

(a) Upon filing the petition, a copy of the petition for emancipation
and a summons to appear at the hearing shall be served on the minor's
parents or guardian, if applicable, upon any individual who provided an
affidavit as set forth in paragraph (7) of Code Section 15-11-202, and
any other individual named in the petition.

(b) Any individual served with the petition for emancipation may file
an answer to such petition in the juvenile court within 30 days of
being served.

15-11-204. (a) After a petition for emancipation is filed, the court may:

(a) After a petition for emancipation is filed, the court may:

(1) Assign an employee of the court or appoint a guardian ad litem to
investigate the allegations of the petition and to file a report
containing the results of the investigation with the court, including a
recommendation as to whether it is in the best interest of the minor
that the petition for emancipation be granted;

(2) Appoint an attorney for the minor; and

(3) Appoint an attorney for the minor's parents or guardian if they are
indigent and if they oppose the petition.

(b) After a petition for emancipation is filed, the court shall seek an
affidavit from each individual identified in the petition pursuant to
paragraph (7) of Code Section 15-11-202 which describes why the individual
believes the minor should be emancipated.

15-11-205. (a) The hearing on the petition for emancipation shall be
before a....

(a) The hearing on the petition for emancipation shall be before a
judge; and the court shall issue an emancipation order if it determines
that emancipation is in the best interest of the minor and the minor
establishes:

(1) That the minor's parent or guardian does not object to the
petition; or if a parent or guardian objects to the petition, that the
best interest of the child is served by allowing the emancipation to
occur by court order;

(2) That the minor is a resident of this state;

(3) That the minor has demonstrated the ability to manage his or her
financial affairs, including proof of employment or other means of
support; the term "other means of support" does not include general
assistance or aid received from means-tested public assistance programs
such as Temporary Assistance for Needy Families or similar programs
under Title IV-A of the federal Social Security Act;

(4) That the minor has the ability to manage his or her personal and
social affairs, including, but not limited to, proof of housing; and

(5) That the minor understands his or her rights and responsibilities
under this article as an emancipated minor.

(b) A minor who petitions the court for emancipation shall have the
burden of showing by a preponderance of evidence that emancipation
should be ordered.

(c) If the court issues an emancipation order, the court shall retain a
copy of the order until the emancipated minor becomes 25 years of age.

(d) An emancipation obtained by fraud is voidable. Voiding an
emancipation order does not affect an obligation, responsibility, right,
or interest that arose during the period of time the order was in
effect.

(e) The minor or a parent or guardian of the minor may appeal the
court's grant or denial of an emancipation petition. The appeal shall
be filed in the Court of Appeals.

15-11-206. (a) A minor emancipated by court order may petition the
juvenile court....

(a) A minor emancipated by court order may petition the juvenile court
that issued the emancipation order to rescind such order.

(b) A copy of the petition for rescission and a summons shall be served
on the minor's parents or guardian.

(c) The court shall grant the petition and rescind the order of
emancipation if it finds:

(1) That the minor is indigent and has no means of support;

(2) That the minor and the minor's parents or guardian agree that the
order should be rescinded; or

(3) That there is a resumption of family relations inconsistent with
the existing emancipation order.

(d) If a petition for rescission is granted, the court shall issue an
order rescinding the emancipation order and retain a copy of the order
until the minor becomes 25 years of age.

(e) Rescission of an emancipation order does not alter any contractual
obligations or rights or any property rights or interests that arose
during the period of time that the emancipation order was in effect.

(f) The minor or a parent or guardian of the minor may appeal the
court's grant or denial of a petition for rescission of an emancipation
order. The appeal shall be filed in the Court of Appeals.

15-11-207. (a) A minor emancipated by operation of law or by court order
shall be....

(a) A minor emancipated by operation of law or by court order shall be
considered to have the rights and responsibilities of an adult, except
for those specific constitutional and statutory age requirements
regarding voting, use of alcoholic beverages, and other health and
safety regulations relevant to the minor because of his or her age. The
rights of a minor to receive any transfer of property or money pursuant
to "The Georgia Transfers to Minors Act" under Article 5 of Chapter 5
of Title 44; under the Uniform Transfers to Minors Act, the Uniform
Gift to Minors Act, or other substantially similar act of another
state; or pursuant to a trust agreement shall not be affected by a
declaration of an emancipation under this article.

(b) A minor shall be considered emancipated for the purposes of, but
not limited to:

(1) The right to enter into enforceable contracts, including apartment
leases;

(2) The right to sue or be sued in his or her own name;

(3) The right to retain his or her own earnings;

(4) The right to establish a separate domicile;

(5) The right to act autonomously, and with the rights and
responsibilities of an adult, in all business relationships, including,
but not limited to, property transactions and obtaining accounts for
utilities, except for those estate or property matters that the court
determines may require a conservator or guardian ad litem;

(6) The right to earn a living, subject only to the health and safety
regulations designed to protect those under the age of 18 regardless of
their legal status;

(7) The right to authorize his or her own preventive health care,
medical care, dental care, and mental health care, without parental
knowledge or liability;

(8) The right to apply for a driver's license or other state licenses
for which he or she might be eligible;

(9) The right to register for school;

(10) The right to apply for medical assistance programs and for other
welfare assistance, if needed;

(11) The right, if a parent, to make decisions and give authority in
caring for his or her own minor child; and

(12) The right to make a will.

(c) The parents or guardian of a minor emancipated by court order are
not liable for any debts incurred by the minor during the period of
emancipation.

15-11-208. (a) The duty to provide support for a minor child shall
continue until....

(a) The duty to provide support for a minor child shall continue until
an emancipation order is granted.

(b) A minor emancipated under this article shall not be considered a
"deprived child" for purposes of Part 6 of Article 1 of this chapter.

(c) The provisions set forth in Code Section 19-3-2 regarding age
limitations to contract for marriage shall apply to a minor who has
become emancipated under this article.

19-11-3. As used in this article, the term:

As used in this article, the term:

(1) "Court order for child support" means any order for child support
issued by a court or administrative or quasi-judicial entity of this
state or another state, including an order in a criminal proceeding which
results in the payment of child support as a condition of probation or
otherwise. Such order shall be deemed to be a IV-D order for purposes of
this article when either party to the order submits a copy of the order
for support and a signed application to the department for IV-D
services, when the right to child support has been assigned to the
department pursuant to subsection (a) of Code Section 19-11-6, or upon
registration of a foreign order pursuant to Article 3 of this chapter.

(2) "Department" means the Department of Human Resources.

(3) "Dependent child" means any person under the age of 18 who is not
otherwise emancipated, self-supporting, married, or a member of the
armed forces of the United States.

(4) "Duty of support" means any duty of support imposed or imposable
by law or by court order, decree, or judgment.

(5) "IV-D" means Title IV-D of the federal Social Security Act.

(6) "IV-D agency" means the Child Support Enforcement Agency of the
Department of Human Resources and its contractors.

(7) "Parent" means the natural or adoptive parents of a child and
includes the father of a child born out of wedlock if his paternity has
been established in a judicial proceeding or if he has acknowledged
paternity under oath either in open court, in an administrative hearing,
or by verified writing.