Section 413 of the Family Court imposes upon a parent an obligation to support his or her child until the age of 21 unless this child is sooner emancipated. A child may be emancipated because he or she has married or has entered military service.
New York Courts have held that a child's right to receive support is reciprocal with the child's obligation to visit with the parent and obey his or her directives. However, where a child defies parental mandates, voluntarily vacates the family home to avoid parental control or unreasonably refuses contact or visitation with the non-custodial parent, the conduct of the child can lead to that parent seeking to terminate his or her obligation of support. In the event that the Court grants this application, it is known as "constructive emancipation".
The petitioning parent has the burden of establishing the elements of his or her case when seeking constructive emancipation of a child. The non-custodial parent must make attempts to contact and communicate with the child and also must not alienate the child or engage in conduct that would justify the child's decision not to visit with the non-custodial parent. Generally, it is not an easy case for the payor parent to prove -- Courts are not eager to relieve parents of their obligation to financially support their children and will provide such relief to the payor only under extreme circumstances.
If you are a petitioning parent seeking constructive emancipation of a child then you should contact a Nassau County divorce attorney from our firm. We understand the legal dedication you may need in order to obtain the outcome you deserve. Call the firm to schedule a consultation.