Bishop v. Bishop

A question faced by all parents is, when is a child emancipated in the eyes of the law?  As set forth by the New Jersey Supreme Court,  “emancipation is the act by which a parent relinquishes the right to custody and is relieved of the duty to support a child.”  Newburgh v. Arrigo, 88 N.J. 529 (1982).  The question and answer therefore have far reaching financial implications.  However, emancipation does not occur at a fixed age.  Rather, the inquiry is fact-specific.

This issue was recently taken on by the Appellate Division in the matter of Brandes v. Rigney, an unpublished opinion finding that the trial court applied improper legal principles in concluding that a child was emancipated.  The parties at issue had three children before they were divorced in 1997.  In 2004, the father, Brandes, sought to have the parties’ sons emancipated.  The parties’ oldest son, Raymond, was born in 1982, while the other son, Eric, was born in 1985.  The trial court denied Brandes’ motion at that time.Continue Reading When Is A Child Emancipated Under New Jersey Law?