Can a person aged 18 or 19 be emancipated from parents?

Full question:

Can a person between the age of 18 and 19 be emancipated from parents, since she lives with the boyfriend in a common law marriage relationship and even have a checking account together, and are witnesses that she lives with this adult man for about year and half, and sustain sexual relationship with this adult man since she was 15 (and the guy was already 22...statutory rape) but since she moved out of the mother house to cohabitate with this man...should be emancipated from parents??? the man that she lives with supports her economically type of husband of house wife deal....point is that she is still pursuing child support from her father even under this circumstances and the mother knows about the whole situation and she supports it and instigate it...the mother matter of fact was the one that went all the way to California to get her the boyfriend and took him to live in her house with this minor under the same roof knowing that they were sustaining sexual relationships and even took her to get an IUD when she was only 16 years of age...now this girl is on her own living like an adult woman since she was pretty much 16 ...now she is almost 19 and is still expecting the CHILD support check....can the father declare her emancipated ans stop paying that money?? does he need to prove to court or somehow someone that this situation is happening or pay until she turns 19 and stop the payments that day???

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

Answer:

Generally, a minor can be considered emancipated if they are lawfully married, have joined the military, or can prove they are living independently and self-supporting. In Colorado, a minor can petition the family court for emancipation, but they must show they can live independently and support themselves. The court will decide based on the facts of each case.

According to Colorado law, an "emancipated juvenile" is defined as someone over fifteen and under eighteen who has shown independence from their parents with their parents' consent. This includes those who are self-supporting or married (Colo. Rev. Stat. § 19-1-103).

In some cases, a court can order child support to continue beyond the age of majority, known as post-majority support. This typically applies to contributions for a child's post-secondary education. The court may also require support for medical expenses.

In Colorado, child support automatically terminates when the child turns nineteen unless specific conditions apply, such as mutual agreement or if the child is still in high school. If the child marries or enters military service, they are also considered emancipated (Colo. Rev. Stat. § 14-10-115).

In this situation, the father may be able to stop child support payments once the child turns nineteen, unless he can prove otherwise or if any of the specified conditions apply.

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

Yes, marriage is considered a form of emancipation in many states, including Colorado. When a minor marries, they are generally viewed as independent from their parents. This means they can make their own decisions and are no longer under parental control. However, the specific legal implications can vary, so it's important to consult local laws for details on how marriage affects emancipation.