Massachusetts Law About Emancipation of Minors
Emancipation and the Legal Rights of Minors in Massachusetts, Children's Law Center. The very best source on the topic. Includes detailed information on emancipation and its alternatives, as well as the legal rights of minors to enter contracts, work in various occupations and more.
- MGL c. 4, s. 7, clauses 48-51 Statutory definitions: age of majority; minor; full age; adult
- MGL c. 112, s.12F Emergency treatment of minors [i.e., circumstances in which minors may give consent to medical or dental care]
- MGL c. 119, s21 Protection of children
- MGL c. 208, s.28 Divorce: children; care, custody and maintenance
- MGL c. 231, s.85P Age of majority - legal capacity
- 106 CMR 203.600-203.640 TAFDC eligibility requirements. [Rules allow pregnant minors in Mass. to file for benefits, but say parents' income can be considered in calculating the amount of benefits due to the minor.]
20 USC 1087vv(d) Independent Student Defined. The rules for independence for financial aid.
Broome v. Broome, 40 Mass. App. Ct. 148 (1996). Declared that a father's claims were insufficient to show financial emancipation. His evidence showing she had a temporary means of support which had lasted for six months in the prior year was not enough, per the court.
Eccleston v Bankosky, 438 Mass 428 (2003). Court found that a non-custodial, financially able parent should be ordered to pay post-majority support to a child who, prior to reaching the age of 18, became a ward of the state because her parents were unfit. The child was attending college, was still domiciled with the court appointed guardian and was not financially independent and therefore could not be considered financially emancipated.
LaBrecque v. Parsons, 74 Mass. App. Ct. 766 (2009). This court says in part "Though no Massachusetts case has addressed this specific issue, there is nothing in our statutory scheme relative to the issue of support, or in our decisional law, on the question what constitutes emancipation that supports the conclusion that a child, who is otherwise not emancipated, becomes emancipated as matter of law when she gives birth to a child. This view is consistent with that of other States that have considered the question."
McCarthy v. Boston and Lowell Railroad Corp., 148 Mass. 550 (1889). Tort action by father for loss of earnings of minor son. Court ruled that emancipation is proved by conduct and acts. The father forfeited his rights by his acts even though in his own mind he did not intend to emancipate his son.
Turner v. McCune, 4 Mass. App. Ct. 864 (1976). Court found that emancipation of a minor is not automatically given by statute when a child reaches the age of majority. The facts must demonstrate, i.e., that a child at the age of majority has a means of income independent from his parents to establish he is financially emancipated.
Laws of the Fifty States, District of Columbia and Puerto Rico Governing the Emancipation of Minors, Legal Information Institute. A simple table of the laws in each state relating to Emancipation, Termination of Parental Rights, and Age of Majority.
What Can You Do If Your Parents Refuse to Help [Pay for College]?, FinAid.org. Provides guidance to students who are not considered independent under the strict financial aid standards, but whose parents will not cooperate.
What Constitutes Emancipation to Release a Parent From a Child Support Obligation, Separated Parenting Access and Resource Center. Not specific to Massachusetts, this is a great introduction to the issues affecting emancipation throughout the country. Includes age of majority, marriage, entering the armed forces, having a child, abandoning the parent's home, and more. Keep in mind that Massachusetts may have different standards than the national norm in some of these areas.
Children and the Law: Rights and Obligations, by Thomas A. Jacobs, West Group, 1995 with supplement, vol. 2, chapter 11.
The Handbook on the Legal Rights of Minors, 3rd ed., Mental Health Legal Advisors Committee, 2001.
Legal Rights of Children, Rev. 2nd ed., by Donald T. Kramer, West Group, 2005 with supplement, vol. 1, Chapter 15.
Massachusetts Practice v.1-3 (Family Law and Practice), 3d ed., ThomsonWest, 2002 with supplement, v. 2, sec. 28.3 and sec. 39.12; vol. 2A, sec. 41.3.
Representing the Child Client, by Michael J. Dale, Lexis, loose-leaf, sec. 3.05.
Teens Rights (and Responsibilities): A Legal Guide for Teens and the Adults in Their Lives , by Traci Truly, Sphinx Pub., 2005, Chapter 14.
"What Voluntary Acts of Child, Other Than Marriage or Entry into Military Service, Terminate Parent's Obligation to Support," 55 ALR5th 557.
Your Child's Legal Rights: an Overview, by Margaret Jasper, Oceana Publications, 2003.
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