Is a Parent Still Liable for A child After Notarial Emancipation in Louisiana?

Full question:

Does a notarial emancipation of a 15 year old child who wants to live with another family relieve the father and mother of parental obligations such as financial support, financial responsibility if child is negligent, truancy, etc.?

  • Category: Minors
  • Subcategory: Emancipation of Minor
  • Date:
  • State: Louisiana

Answer:

An emancipated child is considered an adult and no longer under the custody or care of either parent. A parent no longer is under a duty to support an emancipated child and generally won't be responsible for the acts of the child any longer. However, a parent may still be liable under contract principals, such as when a joint owner/cosigner/guarantor relationship is created.

Please see the following LA statutes:

Art. 366. Emancipation by notarial act

The minor, although not married, may be emancipated by his father or,
upon the death of the father, by his mother or, in the event of divorce or
separation from bed and board, by the natural tutor or cotutors acting
jointly, when he shall have arrived at the full age of fifteen years.

This emancipation takes place by the declaration to that effect
of the father, the mother, or both, before a notary public in the
presence of two witnesses.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A good reason for emancipation typically includes situations where a minor is seeking independence due to unstable home conditions, abuse, neglect, or a desire to make their own decisions regarding education and living arrangements. In some cases, financial independence or the ability to support oneself can also be valid reasons. Each case is evaluated individually based on the minor's maturity and circumstances.